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IVA and equity in house

Iggle
Iggle Posts: 6 Forumite
Tenth Anniversary Combo Breaker
Hi there,
My debt is £59k and I have £61k equity in house. I am told I can't do an IVA as creditors would just expect me to see my house.

My friend has £54k of debt, no equity and is doing an IVA.

Is that right.

And, if I did do an IVA how does the equity release in the 4th/5th year work?

thanks in adavnce,
Iggle

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    If you have equity in your house at the start of your IVA you may be expected to remortgage to release some of that equity. But if you cannot get a lender to agree to extend your mortgage/grant a second mortgage then you could start your IVA without using any equity. They would then look at the position after 4-5 years and see if you could remortgage at that point.
    When you set up your DMP with CCCS did they discuss the possiblity of an IVA with you?
    And discuss the pro/cons of a DMP v an IVA?

    Might be worth a read of this http://images2.moneysavingexpert.com/attachment/ivaGuide.pdf and then talk it through with CCCS again for starters. If you still feel unsure or things are not explained fully they you could seek advice from alternative sources.
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  • Nargleblast
    Nargleblast Posts: 10,762 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Debt-free and Proud!
    Who says you can't do an IVA? Even if you did sell the house you would still have to find somewhere else to live, and that costs money! And you may have 61K equity but you would only in practice be able to release 85% of that figure by remortgaging, so that would only be a bit over 50K available. I suggest you speak to one or two IVA companies and see if an IVA is feasible for you. If so, then in the last year you would be expected to see if you could free up some equity in your home to finish off the IVA - you would do this by approaching your lender to discuss the possibility of extending your mortgage. If the answer was no, then you would need to get another quote from another lender. If that one says no then you will need to get written proof of the refusals and your IVA company would most likely get you to extend your IVA for another 12 months instead.
    One life - your life - live it!
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    This is more of a question rather than an answer to the people who know. Obviously most IVA's have the 12 month rule if you cant get at the equity, also the IVA is negotiated so the creditors have a say what the rules are. Since the OP has enough equity to cover the debts (although hard to get at) and this is likely to increase over the 5 years, wouldnt the creditors only except full payment (or nearly fullpayment) at the end of the 5 years or fail rather than say accept 30% with an extra year of payments and miss out on that full payment which would seem possible
    Hi, 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.
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