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3 years after Trust Deed and remortgaging

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(@daisy55)
Active Member
Joined: 12 years ago
Posts: 9
Topic starter  

Hello,
I am one year into my trust deed and signed a trust deed that meant after three years if I could not remortgage I would pay another two years of payments.
There is joint equity in my house with my husband but if the bank do not allow the remortgage to release my share is it really as straightforward as paying two more years of payments and the debts written off. How would my trust deed expect me to approach the bank? Would I still have to find the equity money? I still have a fear they can take my house even though it is not included in my trust deed and my mortgage repayments are up to date?



   
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(@daisy55)
Active Member
Joined: 12 years ago
Posts: 9
Topic starter  

Sorry that is not clear in relation to my house. Our house at the beginning of the TD was valued and my share of the equity was around 11k. Would the two years after the initial 3 be to pay this 11k? That would at least double my monthly payment. I am confused about this as I keep reading posts about people having to find lump sums. This was not mentioned to me at the beginning.



   
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(@voice-reason)
Estimable Member
Joined: 13 years ago
Posts: 106
 

If that was what was agreed, then yes. The extra two years payments are essentially contributions in lieu of equity. So, if you were unable to release the equity by way of remortgage then your Trustee would expect the extra two years of payments instead, in order to insure creditors receive a substantially similar value to the equity.

It shouldn't double your monthly payment as it should be made instead of the contribution being made in the first three years.

For example. If you were paying £200 per month.

36*200 for contributions, then
24*200 for the equity.

It does actually sound like the equity position was covered with you at the beginning as the Trustee has established your half share of equity in the property, asked that you attempt to realise it by way of a remortgage, and has also laid out a sensible contingency should you be unable to re-mortgage.



   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Hi Daisy55. It should really have been made clear to you exactly what they expect from you after 3 years.

I'm afraid the chances of remortgaging are probably very slim, so you are likely to be facing the extra 2 years' payments. Whether your trustee is expecting you to just carry on paying the same amount for a further 2 years, or whether they will require a higher payment in order to cover the full amount of the equity within 2 years, is quite a crucial point I'd have thought, and one that you really need to get clarified with them.


Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@daisy55)
Active Member
Joined: 12 years ago
Posts: 9
Topic starter  

Thank you. Yes it seems failing to remortgage after the three years without changes in my circumstances would mean two further years of the same payment. I phoned today and had it clarified. I think I panicked myself reading posts about having to find lump sums but I understand that ths does not affect me.



   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

That's good then. Interesting that your trustee seems to be approaching the equity issue very much like how it would be done down south in an IVA.


Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@daisy55)
Active Member
Joined: 12 years ago
Posts: 9
Topic starter  

I am with Wilson Andrews but went through Gregory Pennington initially would this make a difference?



   
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(@sarah-jolly)
Eminent Member
Joined: 14 years ago
Posts: 41
 

Hi Daisy55

I see you've already received some advice and have since spoken with us to clarify your equity position.

Your move from Gregory Pennington to Wilson Andrews doesn't affect how we deal with equity in a Trust Deed.

I hope this helps.


Sarah ÔÇô A member of the team at Wilson Andrews.


   
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(@nemo1)
Estimable Member
Joined: 13 years ago
Posts: 161
 

Hi there,

I also have a TD with Wilson Andrews and the layout of it seems identical to yours. I have 3 years of contributions and then a further 2 years of payments towards the equity. I understood that the last 2 years payments are still based on affordability so should remain the same unless your circumstances change.

I'm only 1 year in and it's not going fast...! But glad I did it 🙂



   
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(@daisy55)
Active Member
Joined: 12 years ago
Posts: 9
Topic starter  

Thanks all for the feedback.



   
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