NO EQUITY IN 5 YEARS

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FREEDOM31

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Post by FREEDOM31 » Tue Jun 17, 2008 11:48 am
Hi Im in the 2nd year of my IVA everythings fine apart from being continuously skint lol!! Its just the credit crunch has got me a bit unsettled when my IVA was approaved it was for me to pay the 60 payment of x amount and in the 5th year remortgage and introduce another £5000 if I have any equity by then. They Insolvency practioner was aware when the IVA was approved that we have no equity and with the current climate I would be very surprised to have any at the end of the IVA what happens then it that circumstance? I really dont want to end up having it dragged on an additional year would rather go bankrupt. Any advice
 
 

kallis3

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Post by kallis3 » Tue Jun 17, 2008 11:52 am
We have a similar clause, although I would rather it went on for twelve months extra rather than have to take out a remortgage as we will both be OAP's then and I don't want a mortgage still hanging round my neck.

I suppose it all depends on what your chairmans report says. I would check that
Sharing from experiences of dealing with debt
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no money eva

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Post by no money eva » Tue Jun 17, 2008 9:26 pm
I am in a similar situation started IVA in April this year. My chairmans reports states that I have to have over £5k equity from my share of the equity for them to realise the equity and only if I have over £5k can they extend IVA if I am unable to remortgage (there is no way I will have over £5k equity by the end of it). Payplan explained that if that was the case the IVA would conclude on the 60th payment - no equity release or extension if my equity share is under £5k. Also i can only remortgage upto 85% LTV and we already have a 95% interest only mortgage. I have no doubt my IVA will conclude in month 60.

Hope this helps.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 17, 2008 10:59 pm
Freedom - you cannot possibly mean that you would go bankrupt after paying for a full five years into an IVA! That would be madness, especially as your IP would revert to ascertain creditors wishes if you really could not raise the equity sum pledged.
Last edited by MelanieGiles on Tue Jun 17, 2008 11:00 pm, edited 1 time in total.
Regards, Melanie Giles, Insolvency Practitioner
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