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repossession

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 pod
(@pod)
New Member
Joined: 11 years ago
Posts: 2
Topic starter  

I joint own a property with my x wife and I am in a protected trust deed. The house was rented out but the tenant has moved out and I am struggling with the mortgage payments. Also my x is threatening to move back into the house which I recently moved into with my partner. If I hand the house back to the lender and it is sold at a loss will my trust deed take the debt or will it go to my x or will I be kicked out of my TD.


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

Hi pod and welcome to the forum,

If you allowed the property to be repossessed then once this is sold any shortfall outstanding to the mortgage company will be included into your Trust Deed and you will not be responsible for this. You will not be kicked out of your Trust Deed because of this so please don't worry.

Unfortunately your ex-partner will be responsible for the full outstanding shortfall to the mortgage company. They would need to make arrangements with the mortgage company to pay this back or consider a plan such as a Trust Deed, DAS or Sequestration.

What do you think the property is worth and what is outstanding on the mortgage? This will give you a rough idea of what the shortfall could be.

Would you be happy to allow you ex-partner to move back into the house and continue with the mortgage payments to avoid the repossession? If your ex-partner does move into the property and then later on down the line after your Trust Deed has completed it is then repossessed you are still protected from the shortfall.

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


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Welcome to the forum pod.

If the mortgage isn't paid (by you or your ex) the mortgage lender is likely to repossess at some point.

You could talk to the mortgage lender about a voluntary handover.

As you're in a trust deed any new debt from this process is likely to become part of it. If your ex is not in a trust deed the full loss upon sale might become their liability (assuming that they're on the mortgage).

In terms of any implications for your trust deed, I advise you to discuss your concerns and plans with someone at your trust deed provider ASAP. They'll be best placed to tell you how this will be viewed and to make any suggestions that they consider to be sensible in the circumstances.

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


   
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 pod
(@pod)
New Member
Joined: 11 years ago
Posts: 2
Topic starter  

Thanks for the welcome and info. My x came out of a TD 2 years ago, will she be protected on the shortfall as well?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

If the mortgage was taken out prior to your ex starting their trust deed I would have thought so pod.

Best for your ex to take detailed personal advice on their own position if this happens though.

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


   
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