Hi
My husband has a protected trust deed. He is in his 2nd year and has made payments faithfully every month. Mortgage is in both our names and his share of equity is ?รบ15000. My husband wants to extend trust deed, but I am really worried they will force sale to get the equity. I will be fighting all the way as we have 2 children one who is disabled, what are our rights?
Thanks
Hello Impulse and welcome to the forum.
I hope that the responsibility to release equity was made clear prior to the trust deed being signed?
Could you let us know how much your husband pays into the trust deed each month? Sometimes further contributions can be made after the usual term of the trust deed to deal with equity but this might not be possible if it would take an excessive amount of time to do so.
Alternatively, and if you are in the lucky position that this is possible, a friend or relative could provide the funds to deal with the equity rather than selling the home.
The trust deed company will not want to sell the house unless its absolutely necessary but the Trustee has a legal responsibility to deal with this asset so, one way or another, something will need to be done.
In terms of fighting any such action Kevin wrote on another thread on a similar topic recently:
"A trustee would probably take legal action to force assets to be realised, if necessary (they may petition for your sequestration first to assist them in doing this). You and your wife have certain rights in such legal actions, and should certainly seek legal advice if this does progress further, but ultimately it may prove very difficult to stop".
If you could let us have the extra information I mentioned earlier we'll try to provide some more thoughts and guidance.
Hi
Thanks for your quick reply. My husband was advised that he could be given another 3 years but he only pays ?รบ170 per month, but there is nothing in writing to confirm "could be given another 3 years".
I'm going to set up credit union account and see how much I can save, so I do feel a bit better after posting on the forum - a problem shared and all that ๐
Thanks