Malaysia-BankruptcyDischargeAnnulment3-1000x375

屋贷款可致使您破产的5个步骤

Bankruptcy Chinese 中文

5 Steps to Bankrupt Yourself vide a Housing Loan

房屋贷款可致使您破产的5个步骤


Step 1: Buy a House and get a loan

步骤1:购买房屋并获得贷款

A happy couple, our clients, Mr and Mrs Tan (not their real names) bought a semi detached house in Penang in 2009 for RM1,000,000, he took out a loan of RM900,000 and diligently paid the loan for 3 glorious years.

我们的客户,一对幸福的夫妻,陈先生和太太(非真实姓名)于2009年以100万令吉买下了槟城的一栋半独立式住宅,借贷了90万令吉,并努力地偿还了三年的贷款。


Step 2: Ignore the Summons From the Bank

步骤2:忽略银行的传票

After three years, the price shot up to RM1,400,000 but Mr Tan could not continue to pay the loan. A summons was filed against him.

三年后,房价飙升至140万令吉但陈先生无法继续支付贷款。银行对他提起了诉讼。


Mr Tan thought, no matter what, the selling price would be enough to cover the loan, then with monies I paid over three years, the bank must “return” me a handsome sum.

陈先生认为,无论如何,房屋的卖价足以偿还贷款,然后用他三年以来支付的款项,银行必须“退还”他一笔可观的款项。


So I WILL SAVE MYSELF SOME LEGAL FEES let the bank take judgment…

因此,他将节省一些法律费用,让银行拿庭令……


Truth to be told, the Bank DID NOT include the sum he paid for three years in the calculation… and took judgment for a much larger sum. The judgment sum came up to RM1,100,000 including interest and other charges.

事实是,银行没有在计算中包括他三年以来支付的金额……使到法庭给银行更大的赔偿金。庭令总金额为110万令吉,包括利息和其他费用。


Due to the fact that Mr Tan did not contest, the judgment went unchallenged.

由于陈先生没有提出异议,庭令没有受到挑战。


Step 3: Ignore the Auction

步骤3:忽略拍卖

Mr Tan then received notification that the Bank wanted to auction his house. Again Mr Tan thought, no matter what, the selling price would be enough to cover the loan, then with monies I paid over three years, the bank must “return” me a handsome sum.

陈先生随后收到通知,告知银行要拍卖他的房屋。陈先生再次想到,无论如何,房屋卖出的价格足以偿还贷款,加上他三年以来支付的款项,银行必须“退还”他一笔可观的款项。

So I WILL SAVE MYSELF SOME LEGAL FEES And estate agent commission as well for selling the house, let the bank sell it…

因此,他将节省一些法律费用,以及房地产经纪人佣金来出售房屋,让银行将其出售…


Truth to be told, the Bank sold it for RM1,100,000 and not RM1,400,000 but when the sums were tallied by the bank, some how in the bank’s calculation it only accounted for RM900,000Due to the fact that Mr Tan did not contest the foreclosure (auction) proceedings, the figures went unchallenged.

说实话,银行以110万令吉而不是140万令吉的价格出售,但是当银行清算总价时,在银行的计算中,它仅占了90万令吉。原因是陈先生没有在止赎(拍卖)过程中提出异议,这些数字没有受到质疑。


A house worth RM1,400,000 sold for RM1,100,000 is an everyday story. Accounting for only RM900,000 is rather strange.

以110万令吉出售价值140万令吉的房子是日常故事。但仅有90万令吉的清算总价就比较新奇了。


Step 4: Ignore the Bankruptcy Notice

步骤4:忽略破产通知


When the Bankruptcy Notice was served, Mr Tan did not check any of the figures…

当《破产通知》送达时,陈先生没有核实任何数字……


The Bankruptcy Notice was for RM300,000 by now the outstanding sum ballooned to RM1,200,000 and the auction only accounted for RM900,000;

破产通知书的原价为30万令吉,当时的未偿还金额已激增至120万令吉,而拍卖只占了90万令吉。


If Mr Tan had checked from the beginning, no matter how the sums were added it was IMPOSSIBLE that after the house was sold, a sum of RM300,000 is till payable…

如果陈先生从一开始有检查,无论这总价如何清算,在房屋出售后不可能还需要支付30万令吉的款项……

Step 5: Made a Bankrupt for RM300,000

步骤5:以30万令吉破产

Again because Mr and Mrs Tan did not check the Bankruptcy Notice, a Creditors’ Petition was filed.

同样,由于陈先生和太太没有检查破产通知书,因此债权人的请愿书被提出。


Note: Once a Bankruptcy Notice was issued and the Judgment Debtors, Mr & Mrs Tan, did not contest it, it will automatically proceed to the next stage which is the Creditors’ Petition.

注意:一旦发布破产通知,且判决债务人陈先生和太太没有对它提出异议,它将自动进入下一阶段,即债权人的请愿书。


Finally, Mr & Mrs Tan were made a Bankrupt for a sum which they did not owe and a house they never had.

最终,陈先生和太太被判破产,为了一笔他们从未欠下的钱,和他们从未拥有过的房子。


Very Sad but it is true.

这是很悲哀的事实。

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