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Jailed over mortgage

Article from: Sunday Herald Sun

Sue Hewitt

April 20, 2008 12:00am

A MAN who tried to fight a bank's repossession of his home ended up in jail with "murderers, rapists and drug dealers".

Melbourne business man Derek Balogh was held in one of Victoria's maximum security prisons for refusing to give up his house despite a court order.

And his mother died of cancer the day before he was released.

Mr Balogh is one of 50 Victorians each week who are hit with repossession notices because they cannot pay their mortgages.

Legal experts have warned more home loan defaulters who refuse court orders to give up their homes will be found guilty of contempt of court and jailed.

Mr Balogh, who is a mortgage adviser, said he had been treated as a criminal "when I was only trying to save my house".

Mr Balogh admitted he failed to respond to the Commonwealth Bank's legal action and court orders.

But he said he did not deserve to be jailed in Port Phillip Prison last month.

Mr Balogh said his mother, who lived in Sydney, died while he was in jail. Sharing a cell with a "drug pusher", Mr Balogh was unaware his elderly mother's health had taken a sudden decline.

His family sent hospital letters to the prison explaining his mother had days to live.

Mr Balogh was released a day earlier than his 14-day sentence, but his mother had died the previous day.

He said he was a former secretary of the Cairnlea Residents Association whose only "record" was a speeding fine.

Mr Balogh said he had fallen behind in repayments because of problems with a business associate and a former personal partner.

"I was putting money into a joint account and believed the mortgage was being paid, but it wasn't," he said.

He said that as an accredited mortgage consultant who had saved other people's homes from repossession, he should have handled his affairs differently.

"I hope that customers realise I personally know how difficult things can be," he said.

Supreme Court documents show that in September, 2006, Mr Balogh was $2771 in arrears and owed $314,000.

He now owes about $340,000 with interest of about $100 a day.

His house in the western suburb of Cairnlea is due to be auctioned in June.

A bank spokesman said Mr Balogh had been given a "substantial amount of time" since 2006 to get his home loan in order or leave the house.

Steve Medcraft of People Against Lenient Sentencing said: "People under financial stress are being jailed to let pedophiles and drug pushers walk the streets."

 



Have Your Say

Latest Comments:

David of Eastern Suburbs (Comment 63) => You say that this guy got what he deserved. He got jailed for contempt of court and as you say that's fair enough. Are you kidding??? When will it be fair enough that real crooks will get jail??? The rioters seem to be the ones not dealt with appropriately. Why were they not sent to jail? How is a suspended sentence a punishment???? The courts say that it is a term of imprisonment, but I don't understand how that works. If I see one of those dirty scumbags on the street do I paint some horizontal bars on my glasses and pretend that he is in jail. If this bloke got what he deserved then surely the scumbags should get 12 months in jail. Lets make the sentence relative to the crime. The sentencing is very much biased towards the left wing believers and the criminals. It doesn't work and the people who run it are all in self serving positions. Trust me I've seen it first hand.

Posted by: Max Power of 7:34pm today

Alex - Think about the situation before you say "If you are not financially stable enough to borrow money don't". Ever heard of change?? Sudden illness, losing jobs - Oh, and the interest rates have been continuously going up in case you had not looked left or right! My sister's husband was diaganosed with cancer a year ago and his income halved in a matter of months....Some people really need to think out of the square before they come out with ignorant comments.

Posted by: Lara of Melbourne 12:41pm today

Roberto Maietta in 2006 he was $2771 in arrears. His $314,000 mortage is now $349,000 so he is not $2771 but over $20,000. PJ Pearl things may be differnt in the US but in Australia if you enter into a loan contract it is your resposnibility to pay not some oneelses. The bank tried to get him to pay and gained a court order to enforce the contract. He ignored the court order and is therfore in contempt of court, penalty 14 days.

Posted by: Terry of 12:41pm today

You choose to live in that crap country.

Posted by: Jerry Yaf of Byhalia, MS USA 3:15am today
Read all 73 comments

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