Construction of Home Ownership Credit Take Over Agreement in the Perspective Legal Certainty

DOI

10.2991/assehr.k.211102.183How to use a DOI?

Keywords

Take over; Home Ownership Credit

Abstract

Home Ownership Credit is loans provided by the Bank to people who need funding to buy houses with collateral/collateral in the form of land and houses purchased. Home Ownership Credit has a very important function in the process of housing ownership because according to Bank Indonesia data, the majority of people rely on Home Ownership Loan s as a financing facility to own a house. However, in the implementation of these loans, sometimes people as Home Ownership Loan debtors experience default and cannot repay the loans that have been given by the Bank, then the debtor transfers their Home Ownership Loans to other debtors whose terms are carried out on a take over basis. The meaning of taking over a Home Ownership Loan is taking over someone’s house installments that have not been completed or paid off. The problem that arises is when the take over of the Home Ownership Loan is carried out under the hands without the knowledge of the creditor (the Bank) then the Bank does not want to submit the certificate because the person who took the certificate was not the person listed in the certificate. So in the take over of the Home Ownership Loan, it is necessary to carry out a take over agreement so that there is legal certainty for the buyer as the new debtor in taking over the Home Ownership Loan. To have legal certainty, the buyer (the new debtor) should be able to make a sale and purchase before a notary and also ask the Notary to make a Power of Attorney for Certificate So that if the Home Ownership Loan has been paid off, the buyer (the new debtor) will not have difficulty presenting the old debtor and will not get a rejection from the Bank (the creditor) because the name listed on the house certificate on the Bank as collateral for the Home Ownership Credit is still the name of the old debtor.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Herwastoeti
PY  - 2021
DA  - 2021/11/22
TI  - Construction of Home Ownership Credit Take Over Agreement in the Perspective Legal Certainty
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 137
EP  - 140
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.183
DO  - 10.2991/assehr.k.211102.183
ID  - 2021
ER  -