would i still have to make mortgage payments

4 posts Page 1 of 1
 
 

vanilla

User avatar
Posts: 1
Joined: Mon Jan 07, 2008 3:01 pm
Location:

Post by vanilla » Mon Jan 07, 2008 3:02 pm
I have a joint mortgage and a loan secured on my house which leaves me with negative equity I have a few things that i would like to clear up as i have been made bankrupt.
If i do not wish to persu my interest in the property would i still have to make mortgage payments as it is in a joint name but neither of us can afford to continue repayments.Thankyou.
 
 

pbeck

User avatar
Posts: 276
Joined: Fri Jan 04, 2008 11:12 am
Location: United Kingdom

Post by pbeck » Mon Jan 07, 2008 3:20 pm
If you stop making the mortgage payments, then the mortgage company could pursue your non-bankrupt partner for any shortfall on sale of the property. You yourself, being bankrupt, cannot be pursued for payment.

Philip Beck

Licensed Insolvency Practitioner and IVA specialist
Philip Beck - www.freeivaadvice.co.uk

Licensed Insolvency Practitioner and IVA specialist since 1996.
 
 

mikebdomain

User avatar
Posts: 1126
Joined: Thu Aug 23, 2007 10:03 am
Location: United Kingdom

Post by mikebdomain » Mon Jan 07, 2008 6:45 pm
pbeck is right, all joint mortgage contracts have Joint and Several Liability. ... Yes, as you are both joint owners you are equally liable to repay any outstanding amount.



FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Whole of Market Mortgage Broker & Mortgage packager

Specialising in adverse credit.

Directly Authorised Firm FSA No:313790

CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
Certificate in Regulated General Insurance
Associate of the Charted Insurance Institute

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf
Last edited by mikebdomain on Mon Jan 07, 2008 6:47 pm, edited 1 time in total.
LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager

Directly Authorised Firm FSA No:313790
CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Mon Jan 07, 2008 8:23 pm
I assume that you have no intention of continuing to live in the property? As if you do not pay the secured loans, once three payments are outstaning the lenders have the right to commence possession and ultimately eviction proceedings.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
4 posts Page 1 of 1
Return to “postings for january”