We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Resolving Property issues post BR
John64
Posts: 15 Forumite
Hi - wonder if anyone can help...
I filed for BR and now the mortgage companies for some buy-to-let properties I had are saying that the properties are still my responsibility. They say that they don't have to repossess them but can install a Law Property Receiver - this company run the properties on my/their behalf untill the negative equity is wiped out and the property can be sold at a profit. They look for tenants and look after all aspects of the properties - any shortfall is added to the outstanding loan.
However, I would still be liable for council tax (should the properties be un let) and maybe some other costs / liabilities.
this isn't the way I wanted to / planned to go as I'm concerned that in 5 years they could decide that the neg equity will never clear and decide to chase me then for the shortfall - the outcome would probably be me going BR again!
Anyone got any experience of this?
Thanks
I filed for BR and now the mortgage companies for some buy-to-let properties I had are saying that the properties are still my responsibility. They say that they don't have to repossess them but can install a Law Property Receiver - this company run the properties on my/their behalf untill the negative equity is wiped out and the property can be sold at a profit. They look for tenants and look after all aspects of the properties - any shortfall is added to the outstanding loan.
However, I would still be liable for council tax (should the properties be un let) and maybe some other costs / liabilities.
this isn't the way I wanted to / planned to go as I'm concerned that in 5 years they could decide that the neg equity will never clear and decide to chase me then for the shortfall - the outcome would probably be me going BR again!
Anyone got any experience of this?
Thanks
0
Comments
-
What has your OR sais about the buy to let properties?
If in 5 years the properties were sold at a loss the loss would still be included in this BR therefore you would not need to go br again.
As for the council tax, If the mortgage company are taking over them then I think they should have that responsibility also.. I think you need to talk to your OR.0 -
Hi John, I'd contact your OR about this as NM has said x"If wishes were horses, then beggars would ride"
0 -
if is right:j:j:j:j
contact or:)0 -
Thanks all - the OR hasn't eminatted massive confidence around dealing with properties - mortgage company also stated that they were experiencing a number of OR's that were not advising people correctly when it came to property and BR... but then they would say that wouldn't they!
I'll go back to OR and press for clarification.
Ta.0 -
I should say that the OR will not advise you as they are not qualified to do so and it is there job. Also with it being a post bankruptcy debt, it is not within the OR's remit. Have you asked the council about a Class Q exemption as the properties are in the hands of the trusteesHi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.0 -
Just a thought. Do you own any of the BTL properties jointly or are they all in your sole name. If owned jointly the responsibility and liability will remain with joint owner after your bankruptcy.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.2K Work, Benefits & Business
- 600.9K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards