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Posted: Sun Apr 06, 2008 10:33 am
by kfamily
does an iva stop me from selling my home and getting a new mortgage which i can aford selling my home i would not have any money spare

Posted: Sun Apr 06, 2008 10:55 am
by joh71262
You'd have to do it before the IVA - the IP can put a stop on you selling because if you have any equity, they can use it for the debtors.

You can still sell, it just makes it a little harder - I can't remember what the name of the stop order is, but it's registered with the land registry office.

They did it to me after I enquired about the possibility of moving abroad.

Posted: Sun Apr 06, 2008 11:48 am
by jpj
I think its an RX1

Posted: Sun Apr 06, 2008 11:55 am
by joh71262
The letter says it's a B136 - it registers a restriction against the property.

Posted: Sun Apr 06, 2008 11:57 am
by MelanieGiles
The correct form to be used by insolvency practitioners in placing a restriction against someone's home is an RX1.

Posted: Sun Apr 06, 2008 1:25 pm
by joh71262
So what is my B136 ? Is that the official document once the RX1 has been submitted ???

Posted: Sun Apr 06, 2008 1:32 pm
by MelanieGiles
This form is usually used by someone registering a restriction as a result of a Charging Order.

Posted: Sun Apr 06, 2008 1:35 pm
by joh71262
Pardon my ignorance, but what's the difference ?

Posted: Sun Apr 06, 2008 2:33 pm
by MelanieGiles
One comes from an IP and the other comes from a creditor. In reality there is no difference apart from the forms having different names.

Posted: Sun Apr 06, 2008 2:34 pm
by joh71262
Thanks Melanie. I have emailed GT about this as the form is in Mark Prideaux's name at Debtmatters.