I have a pre protocol IVA, I take this to mean the 85%LTV rule doesn't apply to me.
I know I won't be able to get a remortgage, does that mean creditors can pretty much demand what they want as there doesn't seem to be any rules in place if you can't release equity in a pre protocol arrangement.
I guess they could even force me to sell my house, after 5 years of struggling to make ends meet this is really scary, I've been trying to get an expert opinion to this problem for months unfortunately no one seems to know the answer [xx(][xx(][xx(][xx(]
My IP tells me he will request that the asset is removed from the arrangement if there is no equity or I can't get a remortgage, how much power has he got to actually make this happen, judging by many posts I've read on this Forum the creditors seem to be able to demand pretty much anything that suits them.
It's times like this when I start to wonder if it's really worth all the pain [V][V][V]
MelanieGiles wrote:
I'll give an example:-
Property worth £200,000 in final year
Mortgage outstanding is £150,000 in final year
85% LTV is £170,000
Therefore equity to be raised is £20,000 - but probably can't be due to existence of IVA, so ......
12 additional payments in lieu of the £20,000 based on the level of current DI
If someone is paying £300 per month they would pay 12 x £300 = £3,600 and the IVA would conclude at the end of a sixth year.
BUT - different scenario
House is worth £200,000 in final year
Mortage outstanding is £185,000
85% LTV is still £170,000, but there is no money to raise as the current mortgage exceeds this sum
And - don't forget there is a £5,000 deminimus figure as well
BIG CAVEAT - this advice only relates to IVA protocol based IVAs. If yours is not a protocol IVA, then your terms may differ as there are a lot of differing versions of the equity release clause out there.
IVA COMPLETED ON THE 17th MARCH, FINAL I&E COMPLETED 26th APRIL, COMPLETION CERTIFICATE ARRIVED 2nd AUGUST