Can I do an IVA if I was on mortgage of a property but not on deeds

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Arthur85

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Post by Arthur85 » Thu Jul 18, 2019 12:31 pm
I have been on my parents small mortgage, which has been paid off in the last week so and I was is discussion with two different iva companies and now one of them is saying that since I was on a mortgage I've technically gifted my share of the property back to my parents so they couldn't accept an iva
I was ONLY on the mortgage and NOT the deeds so I never owned any property

kallis3

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Post by kallis3 » Thu Jul 18, 2019 12:44 pm
I don't know the definitive answer but I would suggest speaking to a few more companies.
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Shaun Vickery

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Post by Shaun Vickery » Fri Jul 19, 2019 8:09 am
My own opinion is that if you weren't on the Deeds then you never owned the property and therefore this wouldn't be an issue. Why not double check it with them and/or seek the advice of another expert. There are some who post on here you could try - have a look at the IVA experts section on the left hand side.
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Foggy

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Post by Foggy » Fri Jul 19, 2019 8:19 am
I agree with Shaun. What I think the provider is saying is that you could be deemed to have an equitable interest in the property, having, at least on paper, paid for some of it. This would be a matter for the courts to decide, if i ever came to that, and, I think, the person who advised you simply does not want to get involved in any potential arguement.
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