Question
Wang Kim had defaulted in payment of his loan for 6 months. He received a notification about the breach from his creditor, Alaf Bank. Wang
Wang Kim had defaulted in payment of his loan for 6 months. He received a notification about the breach from his creditor, Alaf Bank. Wang Kim has been trying to get an extension of payment but Alaf Bank was adamant and insisted that if Wang Kim failed to pay by the following month, they will take action by taking possession of the property consisting of a factory and a store. At the moment, there were workers occupying the stores since they were not able to go out due to restrictive movement orders. The workers worked for his brother, Alin, who rented an office next door.
Alaf Bank has instructed a group of staff to clear the site. Wang Kim was dissatisfied with the action that was taken against him. He argued that the most appropriate remedy for Alaf Bank was an order for sale and not taking possession. Furthermore, Wang Kim argued that there should be a proper notice given to him. Alaf Bank planned to lease or rent the property in order for the bank to raise the money to satisfy the debt. Wang Kim also argued that there are workers occupying the factory, thus, taking possession is not possible.
Advise Alaf Bank of their rights and remedies arising from the breach of the charge and whether Wang Kim has any ground to challenge the taking possession proceeding by Alaf Bank.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started