RE: Use of Equity Release to move and part pay IVA

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markgb

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Post by markgb » Sat Aug 17, 2013 2:13 pm
RE: Use of Equity Release to move and part pay IVA

Dear All,

Please can you advise me what is the norm/acceptable practice with regards to using some of the funds from an Equity Release after the sale of property?

My IVA is C.£35k, paying for 9 months now at £182 P/Month

House with ex-partner up for sale at £310-£325K - Estate Agents have had offer for quick sale (6 weeks) at £298k which partner wishes to accept for her 50% Equity Share.

After the mortgage is deducted £228k, Estate Agents & Legal Fees etc. (£5,000) and 50 % Equity Split I get £32,500.

I would like to draw a line under this problem and clear the IVA asap but equally will need somewhere to live. So my question is "Can I keep £15k of Equity to buy a cheap 1 bed flat/terraced house in full without a mortgage (up North" or am I duty bound to hand over all the equity within 3 months of receiving it less enough to move to a rented flat/house instead and what would be a reasonable request to keep/deduct i.e. £Deposit/6 Months rent paid in advance (due to IVA), removals, new appliances/furniture if needed?

I would rather move/live/work a hundred miles from the rat-race South East of England debt free than pay £650+Tax/Bills a month for a 1 bed Studio Flat and be stuck in that for the next 5 years + whilst I struggled to save (perhaps not even possibly save) for any deposit to buy a home again.

I look forward to hearing from you shortly.

Many thanks, Mark
 
 

Michael Peoples

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Post by Michael Peoples » Sun Aug 18, 2013 12:26 am
It really depends on what is in your proposal. You normally retain 15% of the equity in your home which would be enough to move on but you need to speak to your own IP. If in doubt get professional legal advice as the amount of money involved is significant.
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
 
 

Ethical Money Solutions

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Post by Ethical Money Solutions » Sun Aug 18, 2013 7:14 am
Hi Mark,

On the face of it, what you are proposing is completely viable and highly likely that such a proposal would be accepted by your creditors as they are getting a lump sum as full and final settlement up front as opposed to waiting 5 years for their money.

Full & finals are always preferred by creditors and they are likely to accept a lower amount then what you have already agreed with them.

However, as you are proposing something completely different to your original agreement, you would need your creditors agreement and 'vary' the terms of your IVA. Speak to your IP who can request a variation meeting to get this agreed.

The financials you propose sound reasonable, however your actual offer would need to be discussed with your IP who would have the full facts of your case available to him/her and could better advise you how much of the equity you should propose to keep for the deposit, removal costs etc.

Speak to your IP prior to committing yourself to the sale. You will probably find that you will require your IPs permission to 'dispose' of the property due to the restriction he/she may have obtained.

I hope this helps you.

Good luck!
 
 

markgb

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Post by markgb » Sun Aug 18, 2013 10:07 am
Many thanks Michael & EMS,

As you say, it all depends upon my IP (Varden Nuttall) and Creditors to which I have already contacted them this week but my contact is on holiday until Monday, hence the ask online to help me 'think this through'.

I cannot see my Creditors accepting the £27,625 as a F&F payment when they want 100% of the Debt as Agreed in the IVA and I am in employment with the means to pay for the duration of the IVA period into the pot. Although I would be interested to hear any experiences/opinions where this is the case...my gut feeling is that they will try anything to get as much as they can and would not be willing to write-off the debt (already 25% off original debit & obviously not interest chargeable) just for the sake of saving admin costs?

So Michael, am I really allowed to keep 15% of my share of the Equity i.e. £4,875...which is not enough to buy anything outright and I cannot get a mortgage until the 6 years have passed - right?

So I am guessing that I cannot keep this money as Creditors want 75p in the £ from me...meaning the sale of the house creates a lump sum of £27,625 towards the IVA and I must keep paying £182 per month (£1,638 paid to date) = £29,263, leaving C. £5,700 owing at 31 more payments of £182 and me using the £4,800 to pay 6 Months rent in advance & moving costs. I guess this is the solution if, due to me having an IVA I need to pay 6 Months rent in advance, albeit just finished a 6 months rental on a flat without any credit search or standard deposit payment problems whilst I let my house out to tenants (which created its own problems as they kept breaking things, water damage to floors/ceilings, damage to flooring/garden by dog that I had to pay to rectify).....

So here is the rub, it is just easier/simple to pay off the IVA ASAP using any Equity allowance retained into the pot but possibly not immediately as a 'rainy day fund' would be helpful until I find somewhere 'nice' to live (i.e. 12 Months). So 12 payments of £2,184 & £4,800 or so in the bank to make a final payment would mean I would be debt free in 12 months.

Why is 'finding somewhere affordable to live so difficult'? I would even live in a Caravan Home to keep my living costs down, but I need a 'permanent home' as most have 8 or 10 month residency as Holiday Homes only or others that allow you to live 11 months of the year as your main residence, pay council tax etc. which lives me need to rent a bonafide residence for 1 month that is not possible. Obviously I am not entitled to Social Housing as earn too much and can readily pay for Private renting...its just that I see paying £650 a month towards someone else's mortgage as a waste of money/time.

Upon reflection I may just be making life hard for myself by thinking of solutions that unwittingly create problems of their own i.e. Cheap Houses up North may need a lot of repairs, been in a high crime area and is a long travel to visit friends, family, work clients etc.

I am now researching renting in Wales which is much cheaper than the South East and not so much of a Drive (3-4 Hours to Surrey from South Wales) but fuel costs and frequency of Journeys may offset the benefits of cheaper monthly rentals... I need to visit Surrey at least once a week (If Superfast Broadband is available which it is in some areas of Wales), ideally twice a week to my office...

I know, others may be thinking change jobs to live/work in the same village/town...but I would not earn the salary I currently get by working in the South East that I hope will enable me to rebuild my financial security for what is left of the time before retirement now that I am 41 years old and having to start all over again for the second time after a Divorce 13 years ago, I have children and my mind is on them too through this process.

Cheers, Mark
Last edited by markgb on Sun Aug 18, 2013 10:24 am, edited 1 time in total.
 
 

ginger323232

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Post by ginger323232 » Sun Aug 18, 2013 10:24 am
Mark that drive is heaving going - but come winter it feel like hell!

Just a suggestion - why not look on Right move - for rental properties in the M4 corridor for some ideas - Bath/Bristol/Westbury/Salisbury - all connected to main line services - you may find the extra rental costs manageable because of the reduced travel costs
 
 

markgb

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Post by markgb » Sun Aug 18, 2013 12:54 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by ginger323232

Mark that drive is heaving going - but come winter it feel like hell!

Just a suggestion - why not look on Right move - for rental properties in the M4 corridor for some ideas - Bath/Bristol/Westbury/Salisbury - all connected to main line services - you may find the extra rental costs manageable because of the reduced travel costs
Many Thanks Ginger,

That's the idea I had albeit a bit further on..... using the M4 which goes into just under the Brecon Beacons which is an area that I would prefer to live.

I have always had to commute with current journey taking between 90 minutes and 3hours plus each way...but agree...to far North would be a stretch too far time and fuel cost wise in reality....

Cheers, Mark
 
 

Pandy

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Post by Pandy » Sun Aug 18, 2013 2:56 pm
Don't forget to include the bridge charges. We have a lot of welsh people working at my workplace in Bristol and we have had a few leave recently due to the increased fees etc.
If life is what you make it, I must have been in a strange mood when I made mine
 
 

markgb

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Post by markgb » Sun Aug 18, 2013 3:37 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Peejayel

Don't forget to include the bridge charges. We have a lot of welsh people working at my workplace in Bristol and we have had a few leave recently due to the increased fees etc.
Many thanks Peejayel,

Yes, that with the cost of fuel is starting to make my calculations/idea less attractive than I thought... i.e. no better off than living in the South East....will now probably end up renting in Buckinghamshire to be closer to family and leave Wales as a dream....

Cheers, Mark
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