Halifax refuse surrender of property

mark61120

My friend has had to surrender her property and move into sheltered accommodation. However, the Halifax have refused to accept the surrender of the property because the 'Voluntary Surrender' form has not been completed. A covering letter was handed in to the local branch with the keys (stating; I wish to voluntary surrender the above property. The house is no longer occupied. The Halifax Building Society acknowledges receipt of all keys to the property and accepts responsibility for the property from the above date)(this was signed and dated by the local representative).

Now, as far as I understand, that letter was sufficient and that no other forms should be signed (so that when bankruptcy is applied for, the Halifax cannot side-step it.

So, is it possible to make them accept the property if they refuse without the 'correct' form?

Thanks.
Mark

mrginge

Why not just ask them for the form and fill it in?

Thrugelmir

mrginge wrote: »

Why not just ask them for the form and fill it in?

Seems straight forward enough to do.

stator

According to this article it's best not to sign it at all:
http://www.moneywise.co.uk/cards-loans/cut-your-debts/repossessed-borrowers-sign-any-forms-your-peril

mark61120

stator wrote: »

According to this article it's best not to sign it at all:
http://www.moneywise.co.uk/cards-loans/cut-your-debts/repossessed-borrowers-sign-any-forms-your-peril

Exactly. But how, without signing the form, can my friend make them accept the house?
All I can think of is to get the form, check it over, if there is anything that she doesn't agree with then I can scan the form, modify it, print off the new version which she can then sign.
I don't see how they can object to that, because all they are saying, is that the form that was submitted (by the branch that the keys were handed in to) has not been fully completed. So it is lack of information that they are baulking over (however, no one at the Halifax would tell me what information they require that wasn't in the letter that was handed over with the keys).

Get the form and see I suppose.
Mark

TrickyDicky101

Does your friend intend to go bankrupt?

silvercar

General advice on the bankruptcy board is that all debts before the date of bankruptcy will be included in bankruptcy. Once the house is repo'd the debt is unsecured and will become part of bankruptcy.

It is undertakings signed after bankruptcy that risk being excluded.

That said, if you really don't want to sign, stop paying the mortgage and eventually the lender will repossess without any paperwork requiring signatures.

markmark2

She won't have much choice I don't think. There is no equity in the house and following sale by auction, I envisage that the total of her debts will be above the threshold for a Debt Relief Order.

However, I would still like to know if anyone has managed to get the Halifax to accept surrender of a property without completion of their forms.

Mark

mark61120

The form arrived and there was nothing of particular concern in it. The further requirement was just for an authorised photo I.D. of the account holder. However, because of the delay caused by them initially sending a letter just stating 'Please get in touch with this department regarding the above account', rather than sending the form and asking for the photo, it resulted in a further payment being required at a cost of £550.

Deliberate? (or am I being paranoid).
Regardless, my friend has not got the money, so it is somewhat immaterial.

Thank you everyone for your input.
Mark

custardy

markmark2 wrote: »

She won't have much choice I don't think. There is no equity in the house and following sale by auction, I envisage that the total of her debts will be above the threshold for a Debt Relief Order.

However, I would still like to know if anyone has managed to get the Halifax to accept surrender of a property without completion of their forms.

Mark

mark61120 wrote: »

The form arrived and there was nothing of particular concern in it. The further requirement was just for an authorised photo I.D. of the account holder. However, because of the delay caused by them initially sending a letter just stating 'Please get in touch with this department regarding the above account', rather than sending the form and asking for the photo, it resulted in a further payment being required at a cost of £550.

Deliberate? (or am I being paranoid).
Regardless, my friend has not got the money, so it is somewhat immaterial.

Thank you everyone for your input.
Mark

Why are you posting from 2 accounts?

HappyMJ

mark61120 wrote: »

The form arrived and there was nothing of particular concern in it. The further requirement was just for an authorised photo I.D. of the account holder. However, because of the delay caused by them initially sending a letter just stating 'Please get in touch with this department regarding the above account', rather than sending the form and asking for the photo, it resulted in a further payment being required at a cost of £550.

Deliberate? (or am I being paranoid).
Regardless, my friend has not got the money, so it is somewhat immaterial.

Thank you everyone for your input.
Mark

What exactly is the intention here. A debt relief order isn't appropriate. Your friend is still liable for the payments on the mortgage until the property is sold...plus loads of fees and charges if surrendering. It will cost thousands. Why can't the friend send the property to auction themselves? Or sell privately.