NHG fraud – divorce to avoid residual debts

One of the reasons for calling on the National Mortgage Guarantee (NHG) is a divorce. However, it is not the intention that homeowners divorce in order to have their residual debts waived within the NHG. NHG must be applied for when taking out a mortgage in order to be able to rely on it in the future. Until 2008, NHG was mainly included by home buyers because of the premium discount that the bank provides in the case of NHG. Since the sharp drop in house prices, the number of NHG applications has also increased proportionately. In 2012, 93,700 mortgages were taken out with NHG compared to 97,500 in 2011. It should be noted that fewer mortgages were taken out in 2012 compared to 2011.

More forced sales, more claims on NHG guarantee

In 2012, 3,500 houses were forcibly sold, including NHG. This was an increase of 70% compared to the number of foreclosed houses in 2011. The increase is caused by the continued falling house prices. In the period from 2008 to 2012, house prices fell between 15% and 20% (the percentage varies per measurement institute). Due to this lower value, the price level of owner-occupied houses has returned to the level of 2003 or 2004. Houses purchased subsequently can no longer be sold at a profit, but rather with a residual debt. In 2012, the average residual debt (within the NHG) was 35,000.

In 2012, almost 97 million was paid out in compensation

Since house prices have fallen sharply, the guarantee scheme has proven its added value. In 2011, 61 million in compensation was paid out. In 2012, the total compensation amount increased to 97 million. No less than 90% of the mortgages concluded in 2012 were concluded with NHG. This is not only encouraged by the banks, home buyers also benefit from it.

Divorce to be able to invoke the NHG guarantee

In 2011, fraud with the NHG guarantee was reported in the media. Advisors had pointed out to homeowners with an NHG mortgage the possibility of divorcing to get rid of residual debts after forced sale. After the residual debts were waived, they were able to get married again. This is a form of fraud with the guarantee scheme. In 2012, 61% of NHG claims related to divorce and 16% to unemployment. The Stichting Waarborgfonds Eigen Woning (the executor of the NHG) will take measures against this form of fraud. For example, they will check whether both (ex) partners are still registered at the same address after the divorce. They try to demonstrate that fraud has occurred through additional checks.

Measures against fraud with the NHG guarantee

Divorcing to avoid residual debts is a last-ditch effort to prevent residual debts. Most homeowners will not want to go that far, but the choice between a residual debt of, for example, 50,000 or a divorce is a difficult one for many homeowners. By filing for divorce, your financial concerns are resolved in one go. The Stichting Waarborgfonds Eigen Woning will only be able to do something about this if they can prove that the ex-partners divorced to avoid residual debts. This is a difficult task in most cases.