Reply received to letter declaring voluntary repo

Rosey321

Hi all

I have just received a response to the voluntary repossession letter I sent to the Halifax. This is the link to the letter which I sent to them which is on my main thread

http://forums.moneysavingexpert.com/showthread.html?t=853895&page=4

The letter I have just received from the Halifax is as follows:

Cover Letter

Thank you for your letter dated 19th May 08.

I am enclosing a surrender of keys form for completion and this should be returned to this office in the enclosed envelope or taken into your local Halifax Office with the keys to the mortgaged property.

At this time no contact has been received from the OR but if the bankruptcy is registered before Voluntary Possession is completed they will need to confirm they are in agreement with the process.

Surrender Of Keys Agreement Form

This form is to be completed by all parties to a mortgage who propose to give us voluntary vacant possession who are surrendering the keys to a mortgaged property in accordance with a court order.

I hereby voluntarily consent to give you vacant possession of the above property.

I confirm that all keys have been provided and that the property is secure, vacant and unfurnished. Should there be any contents remaining, these will be disposed of by you.

If you suffer any loss following the sale of the property, I understand that debt collecting agents or solicitors will be instructed to pursue me and any guarantor/cash depositor to recover the loss. I am also aware that interest will continue to be charged on the outstanding mortgage debt until the property is sold.
I am aware that any life assurance policies that are assigned to you may, at your discretion, be surrendered, and the proceeds used to reduce the debt owing under the mortgage.
I understand that you subscribe to the Council of Mortgage Lenders’ Possession Register. In all cases where possession of the property is given to you, you submit details to this centralised register. I am aware that this may affect my ability to borrow money from other lenders in future years.

Other Details

A portion of the form which asks for personal details, employment details etc


I gather from reading other posts that signing this letter would make my OR’s life a lot more difficult. I think if I was to sign anything, there are certainly a couple of paragraphs above which I would delete/amend - or I would redesign the whole form!
.
Or should I just send this letter to the OR and just send the keys back?

Any opinions greatfully received.

fermi

I wouldn't return that unless I crossed out some bits (see below).

Plus they are asking for some details that are none of their business, such as employment details. That is irrelevant now.

However, it would be best to check with your OR.

If the mortgage company get snotty about their form not being filled in and take it to court, then ultimately it doesn't effect you. They would just be creating more hassle for themselves.

Rosey321 wrote: »

Surrender Of Keys Agreement Form

This form is to be completed by all parties to a mortgage who propose to give us voluntary vacant possession who are surrendering the keys to a mortgaged property in accordance with a court order.

I hereby voluntarily consent to give you vacant possession of the above property.

I confirm that all keys have been provided and that the property is secure, vacant and unfurnished. Should there be any contents remaining, these will be disposed of by you.

[strike]If you suffer any loss following the sale of the property, I understand that debt collecting agents or solicitors will be instructed to pursue me and any guarantor/cash depositor to recover the loss. I am also aware that interest will continue to be charged on the outstanding mortgage debt until the property is sold.
I am aware that any life assurance policies that are assigned to you may, at your discretion, be surrendered, and the proceeds used to reduce the debt owing under the mortgage.
I understand that you subscribe to the Council of Mortgage Lenders’ Possession Register. In all cases where possession of the property is given to you, you submit details to this centralised register. I am aware that this may affect my ability to borrow money from other lenders in future years.

Other Details

A portion of the form which asks for personal details, employment details etc[/strike]

Merry_Gentry

Thanks for this Fermi - have nicked it for my diary cos will be needing it later