Equity clause clarification plz

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KLG2002

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Post by KLG2002 » Fri Sep 26, 2008 10:55 pm
Hi all,
I have just been reading through my IVA proposal ready for the creditors meeting on Monday and I just want some clarification on the equity clause (It's a bit last minute[:I])It says about "obtaining 2 valuations after month 54 and that an acceptable quotation is one that provides a maximum of 85% loan value of the property less existing secured borrowings" what does this actually mean? It also says that no remortgage will be enforced if the amount of my equity falls below £5000 after the remortgaging costs have been deducted, the costs are documented as £3348 will this change in 54months time or is that the maximum costs allowed regardless of the change in remortgage fees in the future? I hope some one can help me out here as this is the only part of the proposal that I feel I don't fully understand.

Thanks

KLG
 
 

MelanieGiles

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Post by MelanieGiles » Sat Sep 27, 2008 1:14 am
I'll try and help you by using an example:

Say your house is worth £200,000 in the fifth year of your IVA, and you have a mortgage of £150,000. You will be required to raise a new mortgage based on 85% loan to value - ie £170,000, use that money firstly to pay off the £150,000, leaving you with £20,000 to introdue into the voluntary arrangement - with the costs of the re-mortgage also being deducted.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Sensible77

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Post by Sensible77 » Sat Sep 27, 2008 11:15 am
Is it also correct that if the mortgage is joint, then only 50% of the equity is payable? i.e. in Melanie’s example only £10,000 would be payable by the person in the IVA.
 
 

Adam Davies

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Post by Adam Davies » Sat Sep 27, 2008 12:10 pm
Hi
That is correct,also the remortgage will be subject to affordability.
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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Sat Sep 27, 2008 3:01 pm
Yes - the equity would be split as Andy has mentioned, and the new mortgage payments would be limited to 50% of your current disposable income - at which time your IVA payments would therefore cease.
Regards, Melanie Giles, Insolvency Practitioner
 
 

KLG2002

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Post by KLG2002 » Sat Sep 27, 2008 4:14 pm
Thank you all, its much easier for me to get my head around using your example melanie. I was panicking wondering whether BR would have been the better option seen as I am in 10-15K negative equity but the equity clause seems fair. At least my friend will get to keep 50% of any equity pheweee.

Cheers


KLG
 
 

MelanieGiles

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Post by MelanieGiles » Sat Sep 27, 2008 4:16 pm
If you are that far into negative equity, it is doubtful whether you will have to raise anything during the final year, especially as the housing market is not predicted to improve for a couple of years.

Happy we were able to help, and don't hesitate to post any more queries you may have.
Regards, Melanie Giles, Insolvency Practitioner
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