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busyworks187 | Bankrupcy - what will happen to my house? |
I have a joint morgauge with my wife and am considering declairing myself bankrupt. What will happen to my house/morgauge?
I owe £32,000 on credit cards and £22,000 on a personal loan, both are NOT secured on my house.
I am self-employed and earning very little at the moment. Can my debtors apply to have the house sold to recover there money?
I am not behind on morgauge payments and hopefully should not have problems making the payments as my wife is working full time and pays the morgauge.
Thanks for your advise. |
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dunrobin46
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You say you have a joint mortgage.
Is the house in joint names? If it is and there is a lot of equity in the house then your creditors could have a charge placed on the house. |
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adddictedtomonsterenergy
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Why would you do that? Sell you house before that. |
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paulsuperking
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you will lose your home and any prop like cars tv etc even if theyre in joint names, you partner will get a chance to buy them but you wont, also all credit cards you have and saving accounts will be siezed |
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percy
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Yes they can apply to the courts to force the sale of your house regardless of wether your loans are secured on it or not. They can also apply for a charge on your property which would allow them to claim a percentage of the assets should it ever be sold in the future. Wether they succeed or not will depend on you and your families circumstances. If you live in England you would do better to consider an IVA ( Just Google IVA) |
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MAGGI
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im not sure but as far as i know as long as your paying your mortgage payments your house is safe in that you carnt be made to sell your house to pay off other debts if they re not loans sercured on your house but i would get legal advice from a soliciter that would know about the things you have asked rather than worry about them also making your self bankrupt might not be a good idea hope ive been of some help M xx |
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chatsplas
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. . . .better to do some consolidation and work yourself out of the hole YOU put yourself in. . . . . .
bankruptcy follows you for a long time and inconveniences you in many ways for years and years
frequently you can exempt your home or a portion of your equity in your home when filing bankruptcy
....this needs to be a joint decision with your spouse. . . . |
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David R
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You are in the type of situation that I specialize in solving. First BANKRUPTCY is the ABSOLUTE last resort, it will not solve your problem. Do you have a high interest rate or adjustable mortgage? If so a loan modification is in order. A loan modification can free up cash to help pay down your other debt, making bankruptcy unnecessary. If this is the case.., feel free to email me to discuss your rights and options. |
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beth
 |
I dont think they can take your house unless they take you to coart. |
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sammysteek
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Oh ****, how'd that happen?
If you declare yourself bankrupt it means you will be placed on a black list. This is a list of names for banks to avoid and you will have a hell of a difficulty in getting credit again.
Are you a sole proprietor? How did you lose so much mate? |
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pink xxx
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you need to seek advice as soon as possible. I went to a company called thomas charles when I got into debt. they were very helpful and talked through all my options with me. Ive just sucessfuly been put on and IVA where you pay a fixed amount each month depending on your earnings maybe this an option for you. The best thing you can do right now is talk to a debt management company and try not to worry |
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Feeling Mutual
 |
I am am in the USA and the laws are probably different, but the concept is the same.
Your home loan is secured by your house, if you continue making mortage payments and reaffirm the debt to them, the mortgage company will not want to repossess the house.
In the USA, the creditors can attempt to collect on the equity in the house, but there is a $35,000 exception, that they can't touch. And if there was only about $40,000 in equity, it still might not be worth the the legal fees for them to attempt to get it.
The laws vary in different states and different Bankruptcy districts, and I am sure it varies there also. The only way to tell for sure is to consult a legal expert who specializes in Bankruptcy in YOUR AREA. |
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Ray L
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Before you do that, get some real advice about an IVA, suggest a solicitor rather than a web site, but do it quick other wise they may take you to court for Bankruptcy, and you could be in danger of losing your house.
Bankruptcy is more that just a black list.
To get an idea of IVA have a look at the link, all your debts are cleared in 5 years, you will only pay each month what you can afford, the rest is wiped out, provoding you stick an agreement, which is a legally binding one. |
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.
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You don't have to put your mortgage into your bankruptcy. When I got sick a few years ago and was unable to work anymore, I had to file bankruptcy and I put everything but my car and house into it. As long as you keep making your mortgage payments on time, no one can touch your house. |
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