am I right in thinking

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jay4

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Post by jay4 » Fri Sep 18, 2009 8:58 am
Hi, in my proposal it states that money may be raised in the final year by 'refinance or sale', am I right in thinking that 'sale' would only occur if I chose to sell and not at anyone else's behest
 
 

kallis3

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Post by kallis3 » Fri Sep 18, 2009 9:11 am
Hi,

I don't know I'm afraid, but I think it something you need to query with your IP. Mine only states remortgage, no mention of any sale.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
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Adam Davies

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Post by Adam Davies » Fri Sep 18, 2009 9:41 am
Hi
Yes as Jan states you need to make sure that you are clear on this point with your IP. The idea of an IVA is that you can keep hold of your house so you should only be required to TRY to remortgage in the final year and not sell
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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Fri Sep 18, 2009 9:44 am
The spirit of that comment is that you would only sell at your own behest, but I would get that clarified in writing just to be sure.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Skippy

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Post by Skippy » Fri Sep 18, 2009 9:57 am
I would be reluctant to agree to that to be honest. As Andy says the whole point of an IVA in a lot of cases is to keep your home, so I'd be wary of having to sell in the last year if I couldn't remortgage.
 
 

kallis3

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Post by kallis3 » Fri Sep 18, 2009 10:09 am
That's one of the reasons I did an IVA, so that I could keep my home. If you are required to sell it, what happens if it is in negative equity? Nobody wins there and you would have to find somewhere else to live.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Michael Peoples

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Post by Michael Peoples » Fri Sep 18, 2009 10:41 am
A lot of older proposals had that condition but creditors normally accept a remortgage if it is best offer. Also, sometimes that was put in to guarantee a dividend if the IVA would not be accepted on payments alone so you should seek clarification from your IP.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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