What happens if person not in IVA refuses to remortgage jointly owned property ?

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legs

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Post by legs » Mon Oct 22, 2012 9:38 pm
what would happen if property jointly owned and only one person was in the iva, when asked to remortgage the person who is not in the iva refuses to do this.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Oct 22, 2012 9:43 pm
This could cause a potential default, however an IVA cannot compel someone else do do something they do not want to. In reality no-one is going to be able to remortgage whilst in an IVA for some time, and therefore this is rather academic - but if things do move in time to allow this, then a variation of terms would probably have to be organised.
Regards, Melanie Giles, Insolvency Practitioner
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