HOME  FORUM  MEDIA  EVENTS  ARTICLES  TV  BLOGS
•Home
Bankruptcy:
•Bankruptcy Information Center
•What is Bankruptcy?
•Is Bankruptcy right for me?

•How to declare Bankruptcy?
•What happens to my assets?
•Bankruptcy and credit rating

Forum:
•forum
•register
•search
•faq
•experts

Blogs:
•Bankruptcy News
•More...

Media Room:
•Press releases
•Media Coverage

Other:
•About BankruptcyHelp
•Links
•Contact us
•Debt Glossary
•Insolvency jobs


FORUM
  > Browse and post on our forum
Home   |   Profile   |   Register   |   Active Topics   |   Members   |   Search   |   FAQ

Welcome to our Forum, please register if you want to post
Ask a debt question
See the last 250 posts
Watch video on how to use forum
Username:
Password:

Save Password
Forgot your Password?

 All Forums
 archive
 bankruptcy postbag for july
 no equity can we keep the house ?
 New Topic  Reply to Topic
 Printer Friendly
Author Previous Topic Topic Next Topic  

wildberry
Junior Member

191 Posts

Posted - 02 July 2008 :  20:28:31  Show Profile  Reply with Quote
we have a high motgage and secured loan payment and there will be no equity can we keep the house as payments are up to date.

hammy0107
Junior Member

399 Posts

Posted - 02 July 2008 :  22:11:58  Show Profile  Reply with Quote
If the property has negative equity then my understanding is that you will be able to get a family member / friend etc to purchase the Beneficial Interest for £1 plus legal fees of about £250.
Go to Top of Page

Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 02 July 2008 :  22:59:28  Show Profile  Reply with Quote
hi wildberry

if the house is in negative equity ( please check first ) then provided that you found someone else to buy the beneficial interest from the official receiver for £1 PLUS legals of £211 then that is OK.

Please check through your income & expenditure to ensure that after the Br you are fully capable of repaying the loans for the duration as you won't have a safety net anymore - i.e. if the house is in negative equity then you are liable for the shortfall.

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
Go to Top of Page

Moneystinks
Junior Member



174 Posts

Posted - 02 July 2008 :  22:59:32  Show Profile  Reply with Quote
If they buy the beneficial Interest what stake do they then have in the house?

Marie
Go to Top of Page

Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 02 July 2008 :  23:03:48  Show Profile  Reply with Quote
Hi

If someone buys the beneficial interest the are not on the mortgage but do have a calim for the equity in the property. You need to find someone who you trust to allow you to purchase this back after the Br period.

There arfe companies who offer this service incase it is a secret from family and friends.

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
Go to Top of Page

Moneystinks
Junior Member



174 Posts

Posted - 02 July 2008 :  23:07:11  Show Profile  Reply with Quote
How would you purchase it back?

Sorry for all the questions....

Marie
Go to Top of Page

Dee
Junior Member



United Kingdom
215 Posts

Posted - 02 July 2008 :  23:07:26  Show Profile  Reply with Quote
I still dont understand why everyone only talks about a 3rd party purchasing the BI when we have receiced letters from the OR stating that we can purchase the BI. What is the difference and is there any reason for it being a 3rd party rather than yourselves.

Thanks
Dee
Go to Top of Page

Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 02 July 2008 :  23:10:36  Show Profile  Reply with Quote
It needs to be a third party as in theory you haven't got the means to purchase this and the BI shouldn't be in your name.

if you have the money for it yourself then you should declare it to the OR and he will take the money - thus a third party.

to purchase it back you effectively have to do the reverse when you are discharged. Fairly straightforward

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
Go to Top of Page

Moneystinks
Junior Member



174 Posts

Posted - 02 July 2008 :  23:13:50  Show Profile  Reply with Quote
Ah thank you for that....

We are currently going for an IVA with Melanie but if things don't go to plan. Unfortunately for us I think this will be the way we go. Not ideal for us and our situation - mainly my job but a DMP would finish me off!

X

Marie
Go to Top of Page

Dee
Junior Member



United Kingdom
215 Posts

Posted - 02 July 2008 :  23:13:59  Show Profile  Reply with Quote
But if it is in negative equity then the nominal £1 wouldn't be an issue surely. So is this why we have been offered the opportunity to purchase our own BI?

Dee
Go to Top of Page

Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 02 July 2008 :  23:22:03  Show Profile  Reply with Quote
Hi Money Stinks

If your situation has changed then Melanie's team will always give you the very best advice. Stick close to them and if you work with them then all will be come good.

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
Go to Top of Page

Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 02 July 2008 :  23:23:20  Show Profile  Reply with Quote
Hi dee

I think these are fine points of Law and I am only able to work within my understanding of the current procedure.

Sometimes it seems a little unusual an not logical but that is what it is

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
Go to Top of Page

Dee
Junior Member



United Kingdom
215 Posts

Posted - 02 July 2008 :  23:27:53  Show Profile  Reply with Quote
Thanks Paul

I suppose I'm just worried about buying it ourselves only to find some where down the line there is a catch, which is why the advice given to everyone on here is to find a 3rd party to purchase it.

Dee
Go to Top of Page

JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 04 July 2008 :  17:49:28  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi Dee,

If the OR has offered you to buy the BI, I wouldn't worry. Once this transaction has been completed, the OR will deem the property dealt with and will not revisit it.

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Go to Top of Page

Dee
Junior Member



United Kingdom
215 Posts

Posted - 04 July 2008 :  21:18:22  Show Profile  Reply with Quote
Thanks Julian
Go to Top of Page
  Previous Topic Topic Next Topic  

 New Topic  Reply to Topic
 Printer Friendly
Jump To:
bankruptcyhelp.org.uk Forum © bankruptcyhelp Go To Top Of Page
Powered By: Snitz Forums 2000 Version 3.4.06