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Equity in the house at end of Trust Deed

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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
Topic starter  

I took out a Trust Deed 3 years ago, one year after moving into a new house. The initial sale of old house fell through, resulting in being sold at low price just to get rid of it, and ultimately this imbalance propelled me into the Trust Deed. Basically I bought high and sold low when the market fell. Ironically, I had high credit rating and no missed payments due to a juggling act. It simply became impossible to continue and I sought advice sooner rather than later. I had option of bankruptcy or Trust Deed.

My new house was valued at £20k less (now £30k less) than I bought it for when the Trust Deed was set up. A summary of mortgage statement showed balance of around £3,500 which Trustee said I have to pay. The value was from survey but not what the houses were selling for.

The house has dropped even more in value, I have not been able to maintain it properly during trust deed due to lack of money. I am in fixed mortgage with penalty and I am unlikely to be able to sell it to realise this money. If I do, I would be unlikely to get another mortgage or lease due to credit history.

The trustee kindly said he would consider a revised mortgage with a creditable surveyor. I checked again earlier this year and he confirmed he would consider that favourably. I think there has to be a payment to him by someone else to 'buy him out of that interest??'.

Anyway, I have now managed to submit that, however, he has not asknowledged the documents. I subsequently e-mailed a copy and still no reply - that is from April. I called the office yesterday and was told he is going on holiday and will reply the week he returns. My final payment is actually due to be made that week.

This has been a huge stressful situation for me. The TD almost cost me my job and I have worried about having to pay the difference to the Trustee at the end - or continue for another 2-3 years repaying it. I think since he has committed twice to accepting a revised survey that it is unfair he leaves me hanging without confirming it is acceptable.

Does anyone else have experience of this? Can you advise me what the normal procedure is? Can his behaviour be interpreted as positive or negative in this situation? He seems a fair person but very very slow with communication. I know someone else who used him and never received the Discharge Letter.

Thank you in advance of your advice and help.


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

Hi Firewalker and welcome.

I think you'll just need to be persistent in chasing up a response once your contributions have ended and/or your trustee is back in the office.

It cannot be any fun for things to be left hanging in the air as they are now, but hopefully there will be a happy ending. There does seem to be an open mind about the subject with your trustee based upon your comments.

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


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

As trust deed assistant says, it does soiund as though your trustee has been making sympathetic noises, so hopefully it'll all be sorted soon in a positive way.

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


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
Topic starter  

Thank you for your feedback. I hope so too.


   
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