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 Forum Questions
 Arrears and shortfall of repossessed property
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kev.cy
Starting Member



23 Posts

Posted - 09 September 2010 :  21:49:40  Show Profile  Visit kev.cy's Homepage  Reply with Quote
Following bankruptcy in Dec 2009, I am still living in my home (have £20000 negative equity), although I'm having difficulty meeting the mortgage and secured loan payments (and have in fact missed a couple).

Am I correct in thinking that if I simply cease all mortgage and secured loan payments, such that the property is repossessed, that all arrears and any shortfall (following sale) will become bankruptcy debts and be written off? Is there any time-limit?

Thanks in advance,
K

Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 10 September 2010 :  08:36:41  Show Profile  Reply with Quote
It all depends on whether your 'Purchased the Beneficial Interest' from the Official Receiver' If you did not do this then the debt would come into the bankruptcy. Sadly, if you did purchase the Beneficial Interest, you are liable for any shortfall

Melanie Nicholas
29 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
telephone 01792 899996
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kev.cy
Starting Member



23 Posts

Posted - 10 September 2010 :  17:26:00  Show Profile  Visit kev.cy's Homepage  Reply with Quote
Hi Melanie,


thanks for your reply - fortunately I didn't buy the BI :))


Tks,
Kev

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