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Is a trust deed for me?

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(@mrsaandbaby)
Active Member
Joined: 15 years ago
Posts: 13
Topic starter  

Hi

Looking for some advice. Me and my husband have a debt management plan and pay 320 per month and a further £80 fee to the company. We have been doing this for just over 2 years but we have around 10 years to go. The original debt was around £32k and it is now down to around £28K. We didn't enter a trust deed before as we had a mortgage with reasonable equity but our family has grown and we are in the process of selling. Unable to et a mortgage because of the DMP the new house and mortgage will be in my mums name. Should we enter a trust deed when we move to the new house? The other thing I thought we could do is to get my mum to remortgage the house in 2/3 years to give s enough to settle the debt?

Not sure which is the bet route for us.

Advice appreciated


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

Hello MrsAandBaby.

Do you expect to sell your current home for a profit?

If so, how much do you expect that to be?

If there will be money, were you intending to hand this money over to your mum to help buy the new home?

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


   
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(@mrsaandbaby)
Active Member
Joined: 15 years ago
Posts: 13
Topic starter  

Hi

Yes all the profit needs to go down as a deposit to purchase the new house as the mortgage can only be 14 years due to my mums retirement age. So need around a 25% deposit. At the moment me my husband and our 2 children live in a one bedroom property hitch is extremely stressful never mind depressing.

🙁


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

Hi MrsAandBaby.

I'm afraid that I think there is a problem with the plan here.

Before insolvency (trust deed or bankruptcy) you cannot give away money without running the serious risk that the trustee will seek to recover it to help repay your creditors. That could cause you and your mum all sorts of problems.

If you didn't give it away it would probably have to be realised (by you) as part of the trust deed to help repay your creditors.

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


   
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(@mrsaandbaby)
Active Member
Joined: 15 years ago
Posts: 13
Topic starter  

Ok, I wasn't sure if there would be an issue. I think I'll stick to the original plan of remortgaging in a few years to settle all my debts. And then slowly start to rebuild my credit rating so the house can eventually be transferred into our name. I know this will take some time but hopefully 6 years down the line we will be financially secure. I have definitely learned my lesson where credit is concerned.

Thanks for the advice.


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

Have you considered using the proceeds of the house sale to settle your debts and just renting instead?

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


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

If you do it Kevin's way, your interest would stop right away, hich would be good. You could also ask creditors to go for a full and final settlement, which would mean you could repay about 65-70% of the debt, in full and final settlement of your debts. That way you get to keep some money for the deposit.

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


   
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