went bankrupt, it went pretty smoothly

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c.mc

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Post by c.mc » Thu Jul 19, 2007 6:48 pm
hello there we are going bankrupt thursday 26th july at 9.15.
The advice we need is this,we have negative equity in our property we are in negative equity by £1500 or so,we have a mortgage with northern rock,we are in a together mortgage,which as a unsecured loan of £23500 we have unsecured debts of £90000 which includes the £23500 as above,we did try for an iva but northern rock flatly refused this,we owe credit cards and loans,our main creditor is northern rock who we owe 70% of our debt,what we need to know is will we still be able to keep our home,we have never missed a mortgage payment we are struggling to pay our unsecured debt,we are 3 months behind with our unsecured payments,we have still been paying the unsecured together loan which is in with our mortgage payment,if we can keep our house what will happen to the the mortgage payment with regards to the unsecured loan with it [together loan]my wife and i are both going bankrupt and both our names are on the mortgage,weve been told that we will be able to keep our home but we need advice off an expert,we do have a child and we are both working,we would be very grateful if you could reply as soon as you can as we are worried about our home and also we never intended to get in to financial difficulties we are embarrased of our situation,we dont have any assets we are amazed were the spending as gone over the last 6 years or so thankyou
 
 

scaredkez

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Post by scaredkez » Thu Jul 19, 2007 8:04 pm
hi c.mc welcome to the forum, firstly when you say you are in negative equity is that without taking the unsecured element of your together mortgage into consideration, as when you go BR the unsecured part will be part of your BR, so if that is taken away will it leave you with equity?

i am in the same boat as you have the together mortgage and because this is taken control of under the BR it leaves us with equity, therefore because we can't raise the BI we will lose our home, don't want to frighten you just trying to get the picture, do you have children? i ask that as they will not ask you to leave immediately but will give you at least 12 months to find somewhere else, you must still pay the secured part as northern rock will start legal proceedings if you miss more than 2 months payments.


ask away if i can be of help i will try
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/
Please view my blog at: http://scaredkez.blogs.iva.co.uk/
 
 

mish1953

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Post by mish1953 » Thu Jul 19, 2007 8:11 pm
Me too,
£93k secured + £20 unsecured with my NR mortgage, the £20 vanished with the BR leaving me to deal with the £93k secured part.. my house would sell for around £114k - I only bought it last year ... bye house !
Im on the council list and will need to speak to the OR about how long we ( daughter & me ) have before its sold.

cheers
Mish
Early Discharge is not an illness !
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jul 19, 2007 8:11 pm
You will only pay the secured element of the payment to Northern Rock in future. The unsecured element will be captured within the bankruptcy proceedings, and the Official Receiver will deal with this for you.

If you have no equity in the property (assuming that this is based on the Northern Rock secured element only), then you need to find a friend or relative who can make an offer the the trustee to purchase your beneficial interest in the property for a nominal sum - usually £1. They would also need to meet the legal costs of transfer (approx £300), but this would ensure that your property would not be taken from you - so long as you maintain the secured element of the repayments.

What dividend were you offering in your IVA as a matter of interest?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

c.mc

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Post by c.mc » Thu Jul 19, 2007 8:27 pm
thankyou everyone for replying it as put us at ease as it is not a very nice road to be going down with bankruptcy we are decent people and things have just got on top and its nice to hear off understanding people, THANKYOU. yes this would still be negative equity even with the unsecured together loan in the bankruptcy we have a £23000 loan along with our mortgage,it looks like melanie giles as answered the question another thing we was looking at is if northern rock decided to let us keep our house as long as we keep up the secured payments like we intend to and have not missed any would they make us pay higher interest rates on our mortgage with us being bankrupt instead of the payment set out now
 
 

c.mc

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Post by c.mc » Thu Jul 19, 2007 8:34 pm
just seen the message from melanie we was offering 650.00 per month but northern rock flatly refused,we could of gone to 720.00 per month but northern rock wasent interested they just came back and said NO to an iva and they would not negotiate,it seems very bizarre to me as they will lose alot of money from us,but weve heared northern rock are one of the worst to deal with so they leave us no option
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jul 19, 2007 8:42 pm
Hi - what dividend (ie how many pence in the £) were you offering?

Northern Rock are unlikely to increase your mortage interest rate as a result of your bankruptcy. But when you need to renew your mortage, they may not offer you extended facilities. Have a chat with them - the mortgage staff are extremely helpful, and they do have a specialist insolvency team.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

c.mc

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Post by c.mc » Thu Jul 19, 2007 8:49 pm
45p in the pound melanie [also what do you mean when we renew our mortgage]we still have 17 years on our mortgage at present, this is a hazy subject for me im not very knowledgable on this subject melanie you may have to explain it in simpler terms for me thankyou
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jul 19, 2007 9:09 pm
Sometimes mortgages are taken out at a fixed interest rate for a period of time, and when they expire they need to be renewed. As you have 17 years remaining on yours, you should be fine. What a shame for Northern Rock and your other creditors that they will now receive next to nothing in your bankruptcy.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

c.mc

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Post by c.mc » Fri Jul 20, 2007 6:52 pm
hello again if melanie is available could you explain what happens if we get a member of our family to purchase our house for a pound off the or and pay the 300 [est] solicitors fees does that mean that the house then becomes theres, what does this mean? if it does mean this, how would we get our house back to our name and when ? thankyou
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jul 20, 2007 6:54 pm
Technically yes - so you would need to ensure that your family member was trustworthy, and would agree to transfer the property back to you after you have been discharged from bankruptcy! A simple legal agreement could be drawn up by a solicitor for you all.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

c.mc

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Post by c.mc » Fri Jul 20, 2007 6:58 pm
will we need to pay solicitors fees again to transfer the house back over to usonce the bankruptcy as finished,how does this work then melanie if we sign the house over to a member of the family,what happens regarding mortgage payments as the house then would be in someone elses name,i know im asking lots of questions but need to know every avenue what could arise during the bankruptcy
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jul 20, 2007 7:07 pm
The mortgage remains with you, as does legal ownership - but beneficial ownership is retained by your relatives for the duration of the bankruptcy. You may well need to fund legal fees to get the property transferred back, but this would be well worth it to protect you for the future. It may be better for you to take proper legal advice on this very important issue.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

c.mc

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Post by c.mc » Fri Jul 20, 2007 7:13 pm
i agree melanie thankyou for the help i will be in touch tomorrow regards chris
 
 

Adam Davies

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Post by Adam Davies » Wed Jul 25, 2007 10:57 pm
Hi c.mc
Just wanted to wish you all the best for tomorrow.
I,m sure that you will feel as if a weight has been lifted from your shoulders.
Remember you have tried to address your debts by way of an IVA and this has been rejected[NRock] so you can hold your head up and feel proud that you have faced your creditors head on.
It,s now time for you and your family to put this all behind you.
Please post your feelings once your bankruptcy has been agreed.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
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