Curator Kolkman put it up for sale. Ayhan Gök made an offer and it was accepted. Yet the family threatens to be evicted in a few days. According to their lawyer Jan Schutrups by a greedy curator. A lawsuit will be filed tomorrow.
The bankruptcy of the commercial agency Actueel Zorg Twente in December 2019 has not gone unnoticed in the region. It all starts with a police raid on the healthcare provider. At the time, this happened in the context of the ‘subversion week’, which included screening companies that were suspected of being engaged in dubious practices. Soon after the police raid, the care agency went bankrupt.
The settlement of the bankruptcy is unparalleled. For example, the director has been held hostage for almost six months because she could not tell the curator why she had withdrawn a total of 1.3 million euros from the company account for private purposes. At the beginning of May last year, the woman was released again.
All this time Ayhan Gök lives with his family in the house on the Keteldiepstraat in Enschede. The rent is paid neatly every month. After the bankruptcy of the care agency, the curator collects this. “I have been paying him for more than a year and together that is more than fourteen thousand euros. No mortgage is paid off, because the husband of the bankrupt director just pays the mortgage. So there is no extra debt,” says Ayhan.
The bankruptcy of Actueel Zorg and its settlement completely ignores Ayhan Gök and his family. The only difference is that the rent is transferred to another account. The family lives happily in their house on Keteldiepstraat, which meets their wishes. Ayhan and his wife have three children, two of whom are in fragile health. The family therefore has to visit the hospital regularly. “We have already had more than 40 hospital visits because of the severe asthma of one of my autistic children.” A good home is important to them.
In July of last year, the family receives a message that turns everything upside down. ABN Amro, the bank with which the bankrupt director and her husband had a mortgage, wants to sell the house; The family must be out of the house by November 2, 2021 at the latest. Panic strikes Ayhan. Why do they have to rush out of the house and where do they have to go?
In his search for another house, he contacts various housing associations. Each time he receives no response: ‘Unfortunately, we cannot offer you a suitable home’, is the message. “We have responded to every home,” Ayhan says. “Even on houses that are not suitable for our children, but we can’t intervene.”
Bank accepts offer
As a last resort to prevent the impending eviction, the Enschedeer tries to buy the house. A few weeks before the eviction date, he makes an offer of 174 thousand euros to the bank (ABN Amro, ed.). Luck finally seems to smile on the family. The bank accepts the offer and is also willing to provide Ayhan with a mortgage.
After a dark period, the sun suddenly shines for the Gök family. But soon dark clouds reappear. The trustee is not cooperating with the sale. He thinks the house is worth more than 174 thousand euros. He wants to sell the house through a public auction, in order to raise as much money as possible.
The Gök family is at their wits’ end and they hire lawyer Jan Schutrups. Because of the unjust treatment in his eyes, he stands by the family selflessly. Schutrups immediately makes reservations about the public auction as the curator wishes. “Any higher yield for the house is only good for the wallet of the bankruptcy trustee. It is of no use to the creditors.” In an email to the curator, Schutrups requests that the house be sold to his clients. The curator ignores that question.
It is now the end of October 2021 and the date of the eviction is approaching. Lawyer Schutrups contacts the examining magistrate, to whom he explains the situation of the family. He also points out to the examining magistrate that it cannot be explained that a vulnerable family will end up on the street because the curator refuses to agree to the sale of the house.
Buy in pitchers and pitchers?
The contact with the examining magistrate leads to a reaction. The same day, the curator and lawyer Schutrups phone each other. They even reach an agreement. Gök is allowed to buy the house for 182 thousand euros. The bank also gives the green light. More than two weeks later, the ‘papers’ are in order and the sale seems – again- in pitchers.
Yet again it is different. Schutrups: “This time the trustee announced that the husband of the bankrupt director no longer wanted to sell the house. That is strange, because he would have told my client that he agreed to the sale.”
When the year 2021 is almost over, the curator reports that the Gök family must have left the house before February 24, 2022. The pressure on the family is even greater when the bank becomes impatient and decides to restart the foreclosure sale. There is then an offer of 190,000 euros at the bank of a third party.
Five hundred euros more
In a desperate attempt to buy the house, Ayhan Gök offers five hundred euros more. 190,500 euros is the maximum amount for which he can get a mortgage. However, the bank also continues to negotiate with the other party. The house has also been on an auction site for several weeks. While the Gök family is at their wits’ end, strangers stand at the front door asking if they can view the house. The bank is coming up with a new eviction date: the family must be out on February 15, 2022 at 11 a.m.
Tomorrow, a preliminary injunction will be filed in which lawyer Schutrups demands that the house be sold to his client and that the eviction be put an end to the eviction.