Update 26.09.2023:
In the meantime, DSL Bank has finally paid out the called partial loan to the developer. A serious damage for the client could thus be averted.
In an ongoing legal dispute, a client who used the services of attorney Sascha C. Fürstenow concluded a construction loan with DSL Bank for the construction of a residential house. This client is now facing considerable difficulties due to the non-payment of parts of the loan that are already due, amounting to almost 160,000 EUR. Attorney Sascha C. Fürstenow has intensively illuminated the unbelievable development in this case.
What is the issue? Construction progress loan is not disbursed
The loan agreement stipulates that the loan is to be disbursed according to the borrower’s instructions in accordance with the progress of construction. The client, represented by attorney Sascha C. Fürstenow, has always submitted the required documents and payment requests to DSL Bank on time. Nevertheless the last disbursement remained.
The reason for this delay in payment could be seen in connection with an IT system changeover at Deutsche Bank AG, of which DSL Bank is a branch. This led to massive problems, as also described in the Handelsblatt report at
https://www.handelsblatt.com/finanzen/banken-versicherungen/banken/finanzaufsicht-naechste-ruege-fuer-die-deutsche-bank-bafin-kritisiert-maengel-bei-baufinanzierungen/29387220.html
is explained. Attorney Sascha C. Fürstenow points out that this is not an isolated case and that complaints to the supervisory authority BaFin have increased since July. BaFin has already threatened consequences for Deutsche Bank AG if the problems are not rectified.
Despite repeated written requests for payment, also by lawyer letters of attorney Sascha C. Fürstenow, no disbursement took place to the developer. The client made numerous calls on the DSL Bank hotline, spending over 15 hours on hold without finding a solution. Bank employees could only state that the KfW accounts had “disappeared”, had been closed or were being transferred to a new IT system. The last information given was that KfW had been repaid the funds.
DSL Bank has so far failed to act quickly
This unsatisfactory state of affairs has considerable consequences for the client, who has fallen into arrears vis-à-vis his property developer due to the delay in the amount of approx. 160,000 EUR loan. Attorney Sascha C. Fürstenow stresses the urgency that the DSL bank acts immediately in accordance with the contract and repairs the problems as fast as possible, in order to protect the interests of the mandator and to minimize possible Reputationsschäden.
Now the WirtschaftsWoche has reported on this specific case in the following online article dated September 20, 2023 and mentioned attorney Fürstenow several times in it:
DSL Bank now reacted shortly before the developer wanted to implement the threatened construction stop through a media spokeswoman at the request of WirtschaftsWoche. The bank apologized for a “regrettable error” that led to inconvenience for the customer, and promised to replace damages and ensure that the construction project can now be completed on schedule. The bank explained that the error in this specific case had already occurred before the IT changeover.
If you are also one of the DSL Bank customers affected, the services of Attorney Sascha C. Fürstenow are available to assist you in this matter.