We are both in an IVA. What if my partner fails hers ? What happens to mortgage ?

Get expert opinion. This is the place for new questions to be posted.
3 posts Page 1 of 1
 
 

Mark.29

User avatar
Posts: 30
Joined: Mon Jun 23, 2014 3:55 pm

Post by Mark.29 » Sun Apr 19, 2015 3:54 pm
Ok so both me and my partner are almost 4yrs in of 6, my question is. What if my partner fails hers? Where would this leave us regards the house (morgage) one dept is a joint one (nram togethermorgage loan)
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sun Apr 19, 2015 4:17 pm
Are the IVA's interlocking ? If so, it will depend upon the wording as some interlocking IVAs are written so that if one fails so does the other.

If not interlocking ( or written so that if one fails the other does) then your IVA will carry on as normal. Her creditors, including NRAM will pursue her for the debts in her name. What happens to the unsecured part of NRAMs loan and it's effect on the secured part will depend on the terms of those loans.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Lisa Thomas

User avatar
Industry Expert
Posts: 7759
Joined: Wed Dec 03, 2014 10:26 am

Post by Lisa Thomas » Mon Apr 20, 2015 12:47 pm
Hi Mark - is there equity in the house? In additon to Foggy's comments I would add that if there is and her creditors force her into Bankruptcy the Trustee COULD reposess the property to realise her share of equity. This depends on the circumstances of course.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
3 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”