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Labor and SV politicians want legislation that prevents the namesake from committing to joint residence without the spouse or co-inhabitant knowing anything.
published:
“This is totally unacceptable,” says Karin Andersen (SV), chair of the Storting’s municipal and administrative committee.
E24 last week told the story of the Lillehammer Gunn Saimi Laakso woman.
Her husband raised several million dollars in consumer loans, which he was unable to repay. At that time, the sheriff accepted the creditors’ request to promise the husband’s residence, which is also the Gunn-Saaimi residence through a long cohabitation.
But for reasons of confidentiality, the bailiff does not inform the other owner. Just a few months later, Gunn-Saimi learned from the appraiser that her home was in total damage for more than NOK 4 million.
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Andersen has been fighting the debt victim case for many years, but has not been aware of this practice by the names.
In a written question to Justice Minister Monica Mæland (H), she asks if the minister will propose a legislative amendment so that the spouse and co-inhabitant can be considered party and notified when a mortgage promise is made in a joint house.
“It is totally irrational that today you are not notified, given information, or considered a part,” says Andersen.
– Legislators decide
Oslo Governor Alexander Dey is aware that legislation must be changed before name practice can be changed.
– The tasks of the bailiff and how they are carried out are established in the procedural rules of the Execution Law. It is the legislation that determines who is notified and to whom the appellant must inform of the outcome of the case. If the rules are to be changed, it must be through legislation, he says.
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He believes that “obviously” will strengthen the position of the spouses and partners if the sheriff reports the promise of the other spouse or partner.
– But this also poses difficult problems of delineation also in relation to confidentiality. Therefore, it is best to leave such matters to an ordinary legislative process, where an exhaustive consultation is conducted, Dey says.
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Such legislative amendments will also have Eigil Knutsen of the Labor Party on the Finance Committee.
– I am surprised that the appellant does not consider the co-owner as a party when taking a mortgage on a shared house. Housing is the biggest investment for most of us. It is serious that you may end up in a situation where you don’t know anything until you go into forced sales.
Politician Ap is also now sending questions to Justice Minister Monica Mæland (H).
– We want to challenge the Minister of Justice to make the necessary changes in laws and regulations so that no more people end up in a similar situation. Increasing consumer debt is a major social problem, and default increased sharply in 2019. This will certainly amplify now that many have lost their jobs or been laid off, says Eigil Knutsen.
Gunn-Saimi Laakso is glad that the sheriff’s routines, which hit both her and others, are now ending at the Justice Minister’s table.
– From the south, great, he says to E24.