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Challenging Equity Amount

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(@am123456)
Eminent Member
Joined: 15 years ago
Posts: 32
Topic starter  

Hi there, when i enterted my trust deed i was quite surprised at the equity in my house and what it was valued at, i just assumed that was its value, i now to put in 25k at end of trust deed, i have since found out that a house in my street went for 168,000 two years ago and i think thats how they got a value of mine being 145.000 minimum, when i thought i was worth about 120,000, i havbe since spoken to a neighbour who is thinking of selling they have been told their house is worth 117,000 to 125,000 which is what i thought mine was, can i challenge this? can i get my own valuation done to check?

Thanks again


   
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(@gillian)
Reputable Member
Joined: 14 years ago
Posts: 355
 

I got mine valued by the Trustees surveyor and my house came back at ยฃ125000. I didn't agree and got another suveyor to value the house. He valued it ยฃ5000 less so I owed less equity. Only problem with this is that you have to pay for any survey you get to challenge the original valuation. Whoever does it will inspect your house and also look at how property is moving in your area and what's being paid for comparable properties. I was lucky that I could borrow the money for the survey from my dad and he also lent me the money to pay the equity. Once my trust deed is complete, I'll start to pay him back what he's lent me.

The other thing to remember is trying to find the equity you need to pay. You have 3 years to come up with this and it's not easy in the present climate. I was lucky and was able to get family to help me but if you can't raise the cash, it may mean extending your trust deed to cover the equity. Good luck with what you decide to do and remember, 3 years will pass quickly but you'll be surprised how soon it'll be up.

Nothing left to discharge - everything's done and dusted!


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi am123456.

When did your trust deed start? Was the valuation done soon afterwards.

If you can evidence a mistake having been made I would think that any reasonable Trustee would look into it.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Julie Heaton
(@julie-heaton)
Estimable Member
Joined: 16 years ago
Posts: 246
 

Hi am123456

I note from previous posts that you had considered selling your house at the end of the Trust Deed. If your house sells and the proceeds are less than what was agreed at the onset, you won't be expected to pay the difference.

You could always ask your Trustee to provide you with a copy of the valuation that they obtained as a starting point.

Julie

Julie is not currently posting in the Trust-Deed.co.uk forum.


   
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(@cannypay)
Eminent Member
Joined: 14 years ago
Posts: 20
 

Hi Julie

I'm interested in how this works with creditors i.e. aren't they advised of the amount of equity at the outset and they'd expect this to be paid to them. If that's the case and there is no or reduced payment to them won't they react badly and challenge this?

Thanks


   
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(@am123456)
Eminent Member
Joined: 15 years ago
Posts: 32
Topic starter  

Hi TDA - it started about 8 months ago and the survey and agreed amount was done before the start of it and when i signed the papers it was all written down on the trust deed

Hi Julie - yes had considered selling as I thought i would be working abroad, that all fell through, i also had selling in my head as its the only way I would be able to raise the equity unless i can re-mortgage (which reading posts on here is unlikely)


   
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(@am123456)
Eminent Member
Joined: 15 years ago
Posts: 32
Topic starter  

Just to add, before i took out the trust deed i spoke to an independent financial advisor attached to the local property company who i bought my house through and who arranged my mortgage, i was looking at re-mortgaging and hoping to pay off debts that way and she said their estimations of my house value was ยฃ120,000


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

It's a bit more difficult to challenge it if the valuation was done prior to your signing and you didn't say anything then. Retrospective valuations can be done by surveyors though, so it might be possible.

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


   
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(@am123456)
Eminent Member
Joined: 15 years ago
Posts: 32
Topic starter  

I just assumed the house prices had caught up with other parts, i was desperate at the time too so must have not thought straight! so even if i did prove the valuation was wrong i'm pretty much got no hope? this makes it even worse if 20k less equity for a remortgage at the end!


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi am123456.

I don't think that Kevin is saying it's impossible.

If you think there has been an error made, the size of the sum involved might well encourage you to make some effort to correct the situation.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@am123456)
Eminent Member
Joined: 15 years ago
Posts: 32
Topic starter  

Hi, I spoke to my company about this, they said that because 50% of the equity was not paid in at the start, at the end of the trust another valuation will be done and if the value is a lot less the equity will reduce

Has anyone seen this scenario before?

Cheers ๐Ÿ™‚


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi am123456.

That does seem a little different to what we've often read here, but presumably you'd consider that to be a fair outcome for you?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@am123456)
Eminent Member
Joined: 15 years ago
Posts: 32
Topic starter  

Hi TDA, yeah that would be fine with me if it turns out it was valued wrong ๐Ÿ™‚ i just thought id ask if anyone had heard of this as i thought once it had been decided at the start that was it set in stone!


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

In practice there is very little set in stone in a trust deed and changes happen which all parties concerned have no option but to make the best of. Sounds like your trustee is trying to do this.

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


   
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