Hi again
many thanks for all the advice you have given me in previous messages.
To recap my situation, my wife and I split up, I informed my trustee that I no longer wanted to live at the family home (for various reasons). My wife left to go one way while I was requested to hand over the keys to my IP. Since then I have rented an appartment and have done my utmost to keep to the terms of the TD. I have only missed one payment (at the height of the separation) on their agreement, I have maintained the payments for just over a year.
My worry is my property. My IP instructed their solicitors and estate agents to sell. I will now lose all the equity which is (at the current asking price) a few thousand more than the original TD required. This doesnt bother me, however, its now about 6-months or more since I left, and with the market downturn I suspect they may be very lucky to get the price they are asking. As I am unable to get access (they changed the locks) I worry about it.
The property is in a sought after area and it will eventually go. My IP has been excellent in that they stopped the horrible calls from the mortgage provider and for that I am grateful, as I am not in this situation through choice, and its tough to surrender your home.
Saying that would you know, if it is not selling, if the mortgage provider will initiate repossesion proceedings, and if so when would that be, or is it likely that they will let the trustees dispose of it in due course.
Part of the same worry is that 'if' it is repossesed or sold at a much lower price than will satisfy my original equity release, will my trust deed be extended to meet the equity shortfall.
Any help will ,as always, be appreciated
JS
Hi JS,
I'm sure Mark and/or Kevin will want to add comments as well as soon as they get the opportunity.
If the mortgage lender wishes they can seek to initiate reposession proceedings via the Court.
If and when they might decide to do that is at their discretion though there would be significant costs for them handling this that they may prefer to leave to your IP.
Has your IP got a view on how much time he or she has to accomplish a sale following discussions with the lender?
Hello again JustSo,
The mortgage lender wouldn't normally seek to repossess if the trustee has already indicated that they are trying to sell the property.
Importantly, if the sale price is much lower than previously anticipated and there is a shortfall to the secured creditors, then this shortfall will be included as an ordinary debt in the trust deed - you will not need to pay this, nor extend your trust deed.
Hi Guys
Many thanks for your replies.
The information on the sale of the apartment is minimal. My only gripe is the council tax. Apart from that I really dont know any timescales etc, I was just grateful that my IP and mortgage provider have come to some agreement.
Once again many thanks for your replies, its great to get some good impartial professional advice.
Thanks
JS