I've no idea why I thought that then. A house my cousin bought had been repossesed and there was some kind of notices on their windows.

Do you think that the mortgage company would accept one of these quick sale companies? I have had a couple of quotes from groups such as national homebuyers and they have quoted around £68k so would still be 30k short, would that be way too much of a shortfall for them to accept? I know you have to be incredibly careful with this sort of thing but my brother is in the process of selling his house after a relationship breakdown and he is using one of these companies (although he has a good bit of equity in house). The good thing for us is it would let us get a finalisation date to move out and allow us to go ahead and agree terms for renting, also it would all be done very quickly, within a month if we needed it done by then.

I don't think you can make the decision to use a buying company. Your house is effectively under ownership of your trustee whilst the TD is running and they will have to be the ones that sell the property. They will have to do this using the best method for the creditors.

Oh right, I didn't know that, Nram told my husband he could short sell it if he wanted to though (as long as the shortfall was sorted out in some way)? I'm confused now.

Sorry just realised you said the trustee would need to sell not the mortgage company, duh! Oh right so the trustee would need to arrane woth Nram to sell the house and they would sell it then? So basically we could be stuck here whilst they try to put it on the market then? We are still waiting on the trustee to reply to my husbands email, I really wish he had a different trustee to be honest as the one he has has been very unhelpful with anything we have asked before so far. It's as if everything is too much bother. So could the trustee force my husband not to volunteer repossesion then?

Hi gillianr2.

The Trustee has a responsibility to your husbands creditors. Think of it this way... the bigger the shortfall the lower the dividend that the other creditors can expect from the funds contributed to the trust deed.

That means the Trustee will want to be involved in any decision making about the home because it has ramifications for all of the creditors.

The Trustee cannot make you pay the mortgage and cannot stop you from voluntarily surrendering the house. However if it was felt by the Trustee that your husband was in some way failing to comply with him/her the trust deed itself could be put in jeopardy.

I see, so basically they will make the decision on whether we can sell and if we can they will arrange it all, is that right? But if they decided we cant sell and my husband then volunteered repossesion there's a chance the trust deed could fail? I feel a bit down about it all again, worried we wont be able to move.

It's all there to be discussed with your Trustee gillianr2. Are you referring to the actual Trustee in your comments or to the contact at the trust deed firm you have been assigned that looks after the case on a day to day basis?

You may wish to write to the Trustee personally and make clear the very good reasons why you feel that the move is so important for your family.

Sorry I should have sais it's the contact at the firm that's a nightmare, we have never metor soken with the actual trustee. The contact has now emailed back and said she will discuss with her manager and put in writing what is said but she didn't say she would ask the trustee.

If the trustee were to sell the house then could we move it while they were trying to sell it? And if we could then would we have to still pay the mortgage and the rent too?

Hi gillianr2.

I'm sorry not to answer directly, but these are probably questions should be worked out with your Trustee. There aren't any clear answers in this situation; it's just down to what you and the Trustee can agree on.

I called the rental company about the only house that is available that would suit us in the area. She basically wants to know that the house is either going to def be sold or that it is underway being sold before showing us the property. She said they take £150 deposit after all checks are done which are affordabilty where the write to my husbands work to ensure he isn't on a probabtionary period and a credit check. I told her that the credit check wouldn't be good and she said usually as long as there are no ccj's for more than £5000 it's ok? I told her his trust deed would be on there but she wasn't sure what it was so tried explaining and she said what she would do was just double check thoroughly whether it would be a problem or not before taking the £150 which takes it off the market and secures a date for moving in, we would get this back as long as we do move in and don't pull out of it. It's one months rent up front which is £475 and 6wks security? of £713 upfront too. We would have this money as my mother in law said she would give us the deposits ect if we need it. Pretty happy it wasn't just a straight no you wont get it with a rubbish credit check! She said the owner would be more than happy to do a longterm lease as the hosue is an investment and in the future she may consider selling it if we decided to buy it (which would be wayyyyy in to the future with our credit histories, think we will be sticking to renting forever more lol). Just have to now keep our fingers crossed that Nram and the trustee will agrre to letting us sell and that the credit report doesn't mess up ourchances of renting as goodness knows how long it would take before another suitable property comes up again that could house a family of 6!

Hi Gillianr2

One thing that the Trustee may consider is if it is cheaper to rent - this could allow a higher contribution to your Trust Deed. Although that may seem a pain, it is only for the remainder of the TD, and then the benefit of cheaper rent is all yours! Can I just clarify that although it was stated in a post earlier that NRAM cannot force your husband to repay the shortfall, that is true, but the shortfall will only fall into the TD if you put your intention to leave the house before your husband is discharged. Other than that it will be seen as a post-trust deed debt. I don't think this will be an issue for you as you seen keen to move asap. Good luck with it, and with the new rented property. Keep us posted.

It would be £25 per month cheaper to rent so not much cheaper than it is now, we are on interest only at the moment but if we were to put it back tp to full rpayments it would be £195 cheaper!! The way im trying to look at it is that we cant afford to go full repayments again so we are virtually just renting this house anyway as we arent actually paying it off if that makes sense? And when I look at it like that it doesn't make sense to stay here at all, it is far too small for us and 4 young children and withall thr fighting, drugs ect going on around here with the pub accross the road and the kids getting shouted at by drunks when they are trying to play in their own garden it just makes me really determines to get out of here and in to a decent house in a decent area and start again when we have the chance to. I just hope his trustee comes back with some answers soon, they aren't known for their promtness, in fact we are lucky if they bother tvo reply at all the majority of the time.