Can mortgage company come to me for shortfall after repossession ?

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Steve.26

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Post by Steve.26 » Sun Jul 27, 2014 3:22 pm
If a mortgage company was inadvertently not informed of my IVA (they were told later) and they subsequently repossess during the IVA can they come to me for the mortgage shortfall?
 
 

MelanieGiles

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Post by MelanieGiles » Sun Jul 27, 2014 4:42 pm
That would depend on the reasons for them having been left out of the original proceedings. If this was due to genuine mistake - and I wonder why that would have been - then it is possible to argue that they are bound by the terms of the IVA, and if so then the shortfall can be included as an IVA creditor.

Why were they not originally informed of the IVA by your IP?
Regards, Melanie Giles, Insolvency Practitioner
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