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Thursday, December 15, 2011

Couple to sue financial institution for auctioning their house without informing

In a dilemma: (From left) Su Kuan, Mohd Khairi and wife Jurana Yaakub with their children.
A Couple was devastated when their own house where they have been living for the past six years was auctioned off without their knowledge.

Driver Mohd Khairi Othman and wife Jurana Yaakub, both 44, said the financial institution had auctioned off their apartment unit at Taman Cheras Utama before they were informed about it.

“I just came to know that my house had being auctioned off when someone pasted an auction advertisement on the door of my house. We were not given prior notices or letters informing about it before it was sold.

“When we went to the financial institution to ask for clarifications, the financial institution staff said they have sent a letter regarding the auction but to a different address and not to the house where we are living,” he said, adding that all this while the financial institution had been sending letters to the right address on other matters except on the auction, leaving them perplexed.

He said the financial institution had issued a notice to auction off the flat on Sept 19 and the house was sold on Sept 28 to a buyer but they only received the notice to auction the flat on Nov 14 when they themselves collected it at the financial institution’s head office.

It is learnt that the house was auctioned because the couple failed to pay the loan for four months, totalling an outstanding payment of RM2,801.98.

“We went to financial institution following a loan repayment negotiation letter sent to us, but were told that the house was already been sold,” said Jurana during a press conference by Cheras MCA division.

“We have even paid an amount of RM5,400 via EPF and Pusat Zakat but the financial institution still went ahead with their plan to auction off the house without any negotiations,” she said adding that the family felt mistreated.

Khairi claimed that the financial institution did not follow the appropriate procedure with regards to this matter and there was no court order issued on the auction.

“We went to four related organisations including the Bar Council and were told that the financial institution should adhere to proper procedures before auctioning our house,” he said.

Cheras MCA service centre director John Su Kuan who attended to the couple’s complaint said miscommunications among the financial institution, the couple and the law firm involved might be the reason why the couple lost their house.

“We have sought legal advice and found out that the financial institution cannot do that to the couple especially without a court order saying that the house was on auction,” said Su.

Khairi said he would take legal action against the financial institution. - theStarOnline

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