Selling House in IVA

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hubert

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Post by hubert » Fri Jul 15, 2016 7:21 pm
Hi,

Has anyone got experience of selling their house in an IVA?

I have maybe £25k equity and 2 years left on my IVA.

Can I get the land registry restriction removed or sell with it in place?

I don't care if the equity goes into the IVA, I just want to get out of this house.

Thanks!
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Foggy

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Post by Foggy » Fri Jul 15, 2016 7:28 pm
You can get the IP to remove the restriction. A purchaser will not proceed with it on the title.

If I were in your shoes and want out of the house I would approach my IP with an offer along the lines of, "I am willing to sell the property on the proviso that the creditors accept £xxx ( slightly more than they would be getting if the IVA were to run) in full and final settlement from the proceeds".

Give the impression that if they did not accept you would not sell and the IVA would run it's natural course, and the creditors would get less.

This would ensure that, depending on the actual figures, you get a chunk for ongoing accommodation expenses as well as ending the IVA.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

hubert

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Post by hubert » Fri Jul 15, 2016 8:46 pm
Thanks Foggy that's very useful.

Why would the IP remove the restriction though?

Would that not be risky for them?
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Foggy

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Post by Foggy » Fri Jul 15, 2016 9:18 pm
The restriction is only to tell them if you try to sell the house --- if you agree to sell with them, they will then know anyway.
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 » Fri Jul 15, 2016 10:52 pm
You could try and borrow the funds for a full and final and then once completed sell the house. At least you might walk away with something.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Shining

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Post by Shining » Sat Jul 16, 2016 6:48 am
Excellent advice from Michael, if this is possible, wonder if it's an option.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Lisa Thomas

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Post by Lisa Thomas » Mon Jul 18, 2016 9:28 am
Put forward a variation offer to sell the house on the basis they will receive an amount equal to the next 2 years contributions and you keep the balance.

Does the 2 years include the 12 month assumed extension for the equity? If not you will likely have 3 years remaining, not 2.

Also consider that the IVA gave you the opportunity to keep you house. You will find it very difficult to get back on the property ladder once it is sold.

If you finish your IVA early you will still not be able to tidy up your credit rating until the 6 year anniversary from the start of your IVA has passed.
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
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