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Should I fight a bank foreclosure in Dubai when the property covers the loan value?

Dear Sir/Madam,

I have a loan secured against my property and the bank wants to take the property, which is almost the same value as the loan. However, the bank has initiated legal proceedings in Dubai Courts to obtain a judgment.

Should I contest the case if the value of the property can cover the bank loan?

Do you know how much the court fees typically are?

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Maryam Alyassi Advocates and Legal Consultants
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20 Feb 2023, 09:24

Dear Questioner,

Please note that If you do not defend the case in court, the bank will get ex parte judgment and will execute the same accordingly.

Kindly share the case documents to advise you better.

For further assistance, kindly contact us via phone or email for further assistance.

Best Regards,

20 Feb 2023, 09:48

Hi Maryam,

I have already sent you all documents. I don't know if there is a good reason for me to fight this case.

Regards,

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Laila Hamza Al Mulla Advocates and Legal Consultants
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20 Feb 2023, 15:41

Dear questioner,

In the event that you fail to pay the mortgage amount or part of it, the property lender has the right to dispose of your property either by selling it or renting it to recover the loan amount that was granted to you.

So, in another way, we can say that the process of obtaining a mortgage is a transaction represented by two parties; one provides the necessary money to the second party (here the customer or the borrower) so that the customer can buy his property provided that the property is mortgaged in favor of the first party.

20 Feb 2023, 15:44

Please note that my answer to your question will be academic based on the limited information you have mentioned.

So it should not be treated as adequate legal advice as I need more information and access to official documents.

Therefore, it is preferable to review all documents to determine the feasibility of the lawsuit.

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