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discharged trust deed

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 MM_1
(@mm_1)
New Member
Joined: 10 years ago
Posts: 2
Topic starter  

Hi
I previously had a trust deed in place which was discharged in 2008. I now find myself in arrears with my mortgage and the company are threatening repossession. I am struggling to pay the mortgage and so this maybe the ultimate conclusion. My question is would this debt (mortgage shortfall) be included in my previous trust deed? It was discharged as a result of the remortgage. I suspect not but any advice would be helpful thanks


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

Welcome to the forum MM_1.

Regarding your current mortgage, is this the mortgage that you had in place when you originally started your trust deed?

I think that you're suggesting that's not the case and that your current mortgage was taken out to release equity at the end of your trust deed (it replaced the mortgage you had when your trust deed was signed)?

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


   
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 MM_1
(@mm_1)
New Member
Joined: 10 years ago
Posts: 2
Topic starter  

yes that's correct - I remortgaged to pay off the existing trust deed
thanks


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

Hi MM_1.

I'm afraid I'm struggling to see how a mortgage shortfall would fall into your previous trust deed in these circumstances.

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


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

Hi MM_1 and welcome to the forum,

Unfortunately if you obtained a new mortgage after the Trust Deed was signed then you are effectively taking out a new debt which cannot be included in that Trust Deed. A Trust Deed works on the basis that it's only debt which was incurred prior to the Trust Deed hat can be included. As a result I can't see that the Trust Deed will write this balance off.

If your property is repossessed and this results in a large shortfall then you may need to consider another Trust Deed, Sequestration or a DAS to deal with this debt.

Is there a reason that you are now struggling to maintain the mortgage, have you had a reduction in income? Is there anything that you can do to try and keep you property such as looking to reduce your bills, taking on a lodger etc?

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


   
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