removing clause to remortgage in year 4?

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Misery

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Post by Misery » Sun Jul 22, 2007 7:29 pm
I entered in to an IVA 2.5 years ago. Not realising fully what this meant at the time, I agreed to pay £1000 every month (I didn't realise, I could negotiate...). I'm half way through the arrangement and as you would expect, I find the amount stressfully burdensome. I'm surprised that I haven't gone mad quite frankly, (despite my user name, I try to remain positive!).

The question I need to know is: I am part of a shared equity arrangement regarding my property, i.e part buy, part rent. The equity that I own is 50% and the other 50 % belongs to the housing group. My IVA has the 4 year clause which states that I must remortgage in year 4. I part bought the property 5 years ago. I am restricted by a clause in my IVA not to sell it. However, there is no money to be gained by keeping the property because if I were able to remortgage, it would work out to be a lot more expensive in the long run. Besides, I don't like the area where I live anymore (too noisey)so I have no sentimental attachment to the property.

I also have 3 months to go before my fixed term mortgage agreement comes to an end and I will have to enter into a new arrangement for another 5 or 3 years. This might sound a bit of a stupid question, but is there any way I could ask my IP to remove this clause, try and sell the property and continue to pay a reduced amount each month for the balance of my IVA agreement?
 
 

hara

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Post by hara » Sun Jul 22, 2007 7:34 pm
I do not think it would be agreed,it looks like you are asking too many things.

hara.
 
 

Adam Davies

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Post by Adam Davies » Sun Jul 22, 2007 7:48 pm
Hi
There is a possibility that you could sell and buy again but the equity clause would transfer to your new property.
Talk your options over with your IP
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
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IVA Helpline: 0800 197 4838
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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Sun Jul 22, 2007 9:12 pm
I don't see why your IP would not agree to you selling the property now - a shame the part ownereship issue was not considered more fully when you entered into the IVA. You will need to be prepared to hand over the majority of the sale proceeds to the supervisor, less an allowance for relocation and resettlement expenses, and ensure that your new rental figure is no more that you have been paying for your mortgage and rent now.

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
 
 

Oliver

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Post by Oliver » Mon Jul 23, 2007 4:36 pm
You can sell the property and pay the proceeds into the IVA now. However, you are unlikely to be given money to use as a deposit for another buy and may have to rent. Furthermore, if your IP / Creditors feel that you have a continued disposable income you may need to continue payments to your IVA after the house sale.

Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
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Best Regards
Oliver
 
 

jpj

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Post by jpj » Mon Aug 06, 2007 11:18 pm
Dont forget misery,your mortgage payments could well go up by quite a bit when your fixed rate ends in 3 months time (and you might not get half the deal you did have again due to rising interest rates!)my mortgage shot up by £200 when my fixed rate ended..my IP was shocked till i showed her the paperwork to prove it!!
 
 

Adam Davies

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Post by Adam Davies » Tue Aug 07, 2007 9:50 am
Hi
Just a reminder to anyone that is contemplating an IVA,you must ensure that provision is made within your IVA,by your IVA,for changes to your mortgage if you are on a variable rate or on a fixed rate that will end within the five years.
Your contingency fund will not be enough to cover the increases and cover unforseen costs.
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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