Assistance with selling an apartment without an owner

Questioner

My boyfriend and I are guarantors for my son's mortgage. According to the mortgage deed, my son is the sole owner of the apartment. So in short, according to this deed, we are only allowed to pay off the mortgage with the necessary additional costs for us. My son has been missing for over 1.5 years now with an address unknown to us. Question, what can or should we do to be able to sell his apartment without him?

Lawyer

You could proceed to collect what you paid for your son. In that process, the house can be seized and sold publicly. This may get you your money back and when you sell the house, you will also be free of your obligations. Of course, this depends on the value of the house and the amount of the mortgage debt. If desired, I can support you in this process.

Questioner

First of all, thank you for your answer. Only why would the bank sell if we both have an income and can meet the mortgage repayment! My girlfriend's son has no job and no income and there is nothing to get from him!

Lawyer

The bank will indeed not sell the property as long as you still offer recourse. That is why you will have to take action yourself.