will we lose our home?

[julie08]

this is a tricky 1 , i am bankrupt due to buying a house 10 yrs ago and letting it go to voluntary reposession, anyway ,i am now married living in our own home , the home i am living in now was mortgaged in my husbands name only up until he needed to remortgage to pay a debt off and was advised it would be best to do it in joint names so then my name went on the mortgage as a joint owner , the trustee is now interested in my half of the equity in our home which is about 15,000 , my husband has tried to get a top up loan from a previous loan company that he is still paying and has never missed , as with this mortgage no missed and on time payments, the loan company came back to him with a . because its me who is bankrupt they dont know if they can help but were going to put it to a supervisor and get back t him asap, i have been in contact with the trustee to which she seems very thick skinned , i have also offered £200 per month to pay this debt until it is cleared , it will kill me if i get our home repossessed for the sake of 15 grand any one out there any ideas please i am at my tether

[MelanieGiles]

Hi Julie and welcome to the forum

How long have you been married or living with your husband, and how much do you both earn. Also how do you share the household bills between you?

[julie08]

hello melanie ,thankyou for your concern,i have been married 8 yrs , i earn only £400 per momth hubby earns approx 400 per week, generally we have a joint account and hubby pays almost everything, like i said i ofered the trustee £200 via a standing order per month but all she seems interested in s getting the equity in a lump sum, my hubby has tried to raise this but because of me beingbankrupt it is stopping any thing happening , would the court go for the payment i offered or is it up to the trustee , it goes to court on may 30th for sale or reposession , i have thought of all ways to raise the lump sum , even thought about taking pills and getting out of this mess

[MelanieGiles]

From the limited information you have given me Julie, I feel that your Trustee will have a job on her hands to prove that you do have a beneficial interest in the property - and if I were in her shoes I would need to be pretty sure of my case if I were going to seek directions from Court.

I suggest that you take advice from an insolvency lawyer with regard to your position, and can recommend a good national firm if you would like to seek advice on this point.

[facingittogether]

julie

i am not an expert and so cannot advise you about your financial situation but no amount of debt is worth taking pills for. your life is precious and you are precious to your husband and family and friends. material things can be replaced in time, a life cannot be replaced!

you will get a lot of support on here but if you want to talk off line i am more than happy for admin to give you my email address.

please try to stay positive there will be an answer to your problem!

take care

love barb x

[julie08]

the trustee is saying because i am joint owner with my husband , we have equity of 30,000 and she wants half, she isnt budging on my offer of 200 per month instead of the lump sum she is asing , am i being unreasonable and would the judge go along with her wishes rather than even considering my offer?

[facingittogether]

julie

hang on in there, there will be an expert along to answer your question!

love barb x

[julie08]

thankyou facing it together, i just dont want to lose my home , we have been through so much together having had a fire last year we have tried to get it put right and have only been moved back in for 6 months , my hubby works away and we have begun fighting and arguing which isn good as i havnt seen him in 7 weeks , he is making calls to the trustee and her solicitor from his work , i am so so unhappy and feel worthless at this time x

[MelanieGiles]

Can I suggest that rather than accepting her claim to £15,000 that you seek legal advice. This could be priceless in the big scheme of things, as it is not a fait accompli that when you agreed to go on your husband's mortgage you automatically inherited £15,000 - although you will need to prove this, and perhaps there is a deal to be done with the Trustee at a lower figure which is more affordable for you.

[julie08]

thankyou melanie , but we dont have a lump sum to offer ,this is why i offered 200 per month in hoping she would accept, rather than making us go to court for repossession, i am going to lose our home arnt i ?

[MelanieGiles]

You can still broker a lower deal and pay by instalments. Please, please seek legal advice on this Julie - honestly you really do need to.

[facingittogether]

julie you are not worthless you are just very mithered at the moment!

please take melanies advice and seek legal advice!

you and your husband do seem to have been through alot together, i am sure you have a strong relationship and can get through this!

try to get some sleep tonight to build your strength up to face tomorrow and seek legal advice, let us know how you get on!

love barb x

[julie08]

i will go to cab and ask for some advice,to be honest melanie i feel so stupid in dealing with the trustee as she replies so professional and i dont always understand what she means , i have sent her the valuations and her reply was send me your mortgage summary and i will instruct you further as to what options are avalable to you, we are up to date with no late or missed payments on this house , i am so scared i just dont see any light at the end of the tunnel

[MelanieGiles]

Julie

If you want me to recommend a good solicitor, who will look at this for you immediately, and is really friendly and not at all judgemental, please contact me via my website. The CAB are very good - but you might wait a while for an appointment.

Do not let this lady intimidate you - although I suspect that she is just doing her job based on the information she has available to her.

[julie08]

i am in redcar melanie and dont drive, our cab office is a drop in and lucky for e it is open in redcar tomorrow , i finish work at 11.30 and the cab is open until 1oclock