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 liable for all the costs associated with repossession?
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troubled008
Junior Member

121 Posts

Posted - 29 June 2009 :  13:14:25  Show Profile  Reply with Quote
Hi,

I was made bankrupt in March by my own petition.

Last September we left our mortgaged house and ceased payment to the mortgage and secured loan moving into rented accommodation. The second charge applied for a repossession order in April which was approved by the court. Last week, they contacted my wife to attempt to arrange repayment and told her they had not taken possession of the property.

I then contacted them and they explained although they had an order, they had not acted on it.

So, I contacted this morning the mortgage lender who advised me that they had started proceedings to repossess the property. They also told me that I would be liable for all the costs associated with repossession, ie. selling costs, changes of locks etc. It was my understanding that these associated costs are included in the bankruptcy because both parties were listed in the secured and unsecured sections of the form.

I am unsure now, if these costs would be included. Could you advise me if they are correct on this?

Thanks for the advice, great website.

gettingoutofdebt
forum expert



2418 Posts

Posted - 29 June 2009 :  13:45:09  Show Profile  Reply with Quote
If the mortgage shortfall was included in the BR then you will not be liable for any of the costs.

Was this a joint mortgage with your wife? If so and she isn't BR then any joint debts, including the mortgage, would revert to her.
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