I am on a joint mortgage with my brother who unbeknown to me has an IVA

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Jill.l

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Post by Jill.l » Tue May 19, 2015 7:10 pm
I am on a joint mortgage with my brother who unbenknown to me has an Iva. I only found this out as I was going to take on the mortgage myself (with brothers agreement) and asked the bsoc for a redemption figure it was then that they told me a trustee had an interest in the property. What implications does this have for me? There is no equity in the property our mother lives in it and pays the mortgage but she can no longer afford to so I was going to take it on on my own And let her live mortgage free
 
 

Foggy

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Post by Foggy » Tue May 19, 2015 7:28 pm
As an owner of a property ( albeit a joint owner) he is obliged to attempt to release his share of any equity. These clauses do differ from IVA to IVA, but generally exclude the property from the arrangement if there is little or no equity. If there is equity and he is unable to release it he will have an extra 12 months added to his IVA term.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Foggy

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Post by Foggy » Tue May 19, 2015 7:30 pm
I might add that the RX1 interest should not have been processed without your agreement and signature.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

luluj

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Post by luluj » Tue May 19, 2015 7:52 pm
Surely the RX1 is not valid without both parties signatures?
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Shining

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Post by Shining » Tue May 19, 2015 10:11 pm
Maybe an expert can answer re the validity of the RX1
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Foggy

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Post by Foggy » Wed May 20, 2015 7:52 am
Unfortunately we don't know the full facts as to who ( or how many) signed the RX1. All owners need to give authority, however, this has been circumvented in the past and will, no doubt, be done again in the future.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Thu May 21, 2015 9:47 am
The RX1 has no value and there are other ways to register an interest anyway. However as joint owner you should have been advised of the IVA at the time so you should speak to your brother's IP and ask why this is the first yopu have heard of it.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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Adam Davies

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Post by Adam Davies » Thu May 21, 2015 10:32 am
Hi

Any equity that you do acquire is safe as only your brothers share will form part of his IVA

If you do not agree to a remortgage then it can't proceed

Regards
Andam Davies
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