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Posted: Sun Nov 02, 2008 2:40 pm
by SPENCER23
My problems are related mainly to getting involved in the buy to let'boom',my IVA was negotiated with my creditors on the idea that I would sell my BTL property and my share of the proceeds go into my IVA hopefully towards a full and final, My tennant moved out and since then I have been unable to pay the mortgage, the property is now being repossesed, and I dont expect to get back any funds to pay into my IVA.The mortgage company for the BTL are the same as the mortgage company for my home, my 2 questions for an expert are
1. will this lack of funds to pay into my IVA fail my IVA?
2. Could the mortgage company take action against our home?

Posted: Sun Nov 02, 2008 2:49 pm
by Adam Davies
Hi
1. It is posible but will depend on the wording of your IVA.Speak with your IP as soon as possible.
2. Thy could look to charge the shortfall against your home but again it could be that the shortfall could be included in your IVA depending on how the wording is regarding this asset.Again speak with your IP who will be able to clarify the position for you
Regards

Posted: Sun Nov 02, 2008 4:12 pm
by MelanieGiles
If the IVA was based upon you introducing equity from a B2L propery which is now in negative equity, the IVA is bound to fail unless you can come with an alternative source of funding.

How was your own property going to be dealt with under the IVA?

Posted: Sun Nov 02, 2008 6:20 pm
by David Mond
Melanie is right and so is Andy. Need to know exactly what the wording of your proposal stated in respect of the B2L and Home - then an Expert can advise.

Posted: Sun Nov 02, 2008 7:08 pm
by SPENCER23
Thanks all I'll talk to my IP tomorrow and find out where I stand and I'll let you know how I get on. Thanks again

Posted: Mon Nov 03, 2008 1:27 am
by David Mond
Don't forget to let us all know please. Good luck.