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legal help required i think

Hi all, i have a property worth £160k with a £152k mortgage on it but also a £40k 2nd charge with first plus, if i get into arrears and default on a payment with First Plus, can they repossess the house and is it worth their while bearing in mind how much equity they would get once first charge is paid off.
My situation has arisen due to marital breakdown and myself trying to keep all bills being paid, yet to miss any payments but this month I have income of £3400 and bills and mortgages of £3600 before any food, so trying to see where cut backs can be made.
These 2 charges are on an old marital home that is now let out, do they have any come back on my current residential mortgage also?

Thanks in advance of any help

Comments

  • CCCS_Matthew
    CCCS_Matthew Posts: 922 Organisation Representative
    Part of the Furniture Combo Breaker
    Hi there,

    If you failed to meet repayments to First Plus they could apply for reposession of the property, by following the same process as your mortgage lender if you were to fall into arrears with them. If they did manage repossession and there was not enough equity to clear the debt, the remainder would then become unsecured.

    Have you got any unsecured debts at all? It might be worth drawing up a statement of affairs for the folk on here to look at to get a better understanding if your overall situation before looking at your options.

    Regards,
    CCCS
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • Thanks Matthew, below is total situation in whole

    Mortgages & 2nd charges

    Residential £280k paying £1576
    BTL £150k paying £741
    2nd charge £40k paying £400


    Loans

    £9000 paying £200

    Credit cards total £10k

    I then just have normal outgoings, problem has been going from 2 incomes down to 1 and trying to take on all myself, having been my choice to leave the wife did not feel it right to leave her in any financial strife, also as of next month I am due to start paying monthly maintenance of £500 per month.

    My income monthly is made up of £2400 net pay cash
    £600 rent on BTL and £450 from other sources

    Thanks in advance
  • does bankruptcy result in loss of all houses? even if no equity in them?
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    More than likely - what is the value of the house? Is there enough equity in the house to cover these loands secured on it?

    Depending on the shortfall then it may or may not be better to consider bankrupcy before or after selling the house. I'd really recommend calling CCCS whom Matt is an advisor for so they can go through all your debts and possibilities with you.
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    Sorry "houses" :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • stapeley
    stapeley Posts: 2,315 Forumite
    HI , Please remember you should continue payments on gas water etc, before any unsecured debts .
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