Please everybody beware when you enter a trust deed that the valuation done by them is correct. At present i am having a nightmare to a time with my company over the amount of equity in property. As far as i was concerned when we entered into the trust deed there was no equity, There valuation said that ther was loads of equity. i am now fighting to stop them from selling my property.Even though now the value they have is 16,000 less than the one i have had done myself. please please please watch out.
Hi annmarie and welcome to the trust deed forum.
It's a good point that any homeowner starting a trust deed should take a keen interest in the valuation of their property (along with all the other details).
If there is any dispute (which will not be common) it's much easier to deal with it at the time rather than a few years later.
I am in exactly the same situation, and they are threatening to sell the house from under me. I would be very intersted as to who your IP is and how you get on
i am with wilson andrews. god only knows how we will get on. who are you with. good luck with yours. its so stressful.
sorry new question now. ive heard that trustees can write off so much equity in the property is this correct and if so how much. ie do they release ann equity or leave a small amount in it,
citizens advice! it was a legislation brought in a while back.
Hello annmarie.
That makes sense, I think I know what they are referring to.
I'm afraid, if I'm correct in my assumption, that this relates only to more recent trust deeds and then only with creditor consent in advance.
That's right. The proposals have to specifically state how much equity is being ignored and what the difference in return would be to the creditors if it wasn't ignored. For this reason it is assumed that trust deeds of this kind are likely to be rejected by creditors unless there is a special circumstance involved (eg house has been modified to accommodate a disability).
Having said that, as far as I know there are very few if any trust deeds that have been proposed under this new legislation, and maybe creditors might be more positive than we are giving them credit for?? Problem is that there is a risk of being sequestrated and losing the property if the trust deed is rejected, so not many are willing to take the chance.