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    • wildthing46
    • By wildthing46 9th Mar 09, 5:09 PM
    • 73Posts
    • 20Thanks
    Bankrupt 2 properties with ex, not living in either
    • #1
    • 9th Mar 09, 5:09 PM
    Bankrupt 2 properties with ex, not living in either 9th Mar 09 at 5:09 PM
    I am new to this just gone bankrupt 2 wks ago, spoke to the OR this morning. I live in a rented property and have been since I left Satan 8 mths ago. Own 2 other properties with my satan of an ex, he lives in one and is in arrears but paying the interest, the other was a buy to let let out to his niece, he made her move out the other month and that's in arrears now as a result and sitting empty. This was to try and force me into more financial trouble, forgetting he was on the mortgage and this would also affect him. I cannot live in this other property as he is on the mortgage and it would be unsafe to, violent idiot.

    The OR told me to forget about the properties now as I dont and have not lived in either of them for over 8 mths now and won't be living in either ever again. I have no interest in either property, no equity in the one he lives in, probably negative, and there is little in the rented one if any about 10 k which they will go after to pay my debts. What will be the effect on me, the OR says this all goes into the BR, but what worries me is this going to bite me on the a** in 3 yrs time, as I will still be on the mortgages, I think they will force the sale of the buy to let one.....what does the OR mean by don't worry it's inc. in the BR....

    How can I get closure on all this, he can't get a transfer of equity, the building society have been totally unhelpful, and I don't want to be chased for any debt after my br is discharged in 'n' years???

    Any help please anyone????

    Last edited by wildthing46; 19-10-2009 at 2:56 PM. Reason: just to change font and get attention
Page 2
    • wildthing46
    • By wildthing46 9th Dec 09, 1:06 PM
    • 73 Posts
    • 20 Thanks
    Trustee or Repossession???? They do my head in!!!
    The trustee obtained an order from the courts for possession to sell on 15th Sep.

    Then the trustee asked the building society for the keys and they would not provide them because I refused to sign the letter with the deed of acknowledgment clause on it.

    The building society followed with an order for repossession on Oct 15th.

    Then the trustee asked again for the keys and they said they had lost them.

    Then the trustee asked if I had any objection to them forcing possession and I said go ahead.

    Now the building society are saying I have not complied with the terms of Order of possession and that they are going to evict me, I haven't set foot on the property or had keys since Dec 2007? They say it may affect my credit status....hallo I went bankrupt!!?? in Feb 2009 and it is going to affect my credit status.....:confused:

    Why don't one of them just do something? I have to say when the letters come through the door my stomach goes up in my mouth....but it soon goes back down and I don't feel half as bad as I used to. I just wish it had been sold by either one of I could start the New Year off on a different level.
    • kerrypn
    • By kerrypn 9th Dec 09, 1:26 PM
    • 1,181 Posts
    • 1,993 Thanks
    Hi wild thing

    Sorry you are having such a tough time.

    Mortgage companies can be real %$^$^* when it comes to selling after BR in NE. I know how you feel, and I hope it all gets sorted soon
  • Mrs Malaprop
    What she said

    You don't have to worry about it ow anyway, it is not your problem any more, just send any letters on to your trustee and let him deal with it.
    • sizzler
    • By sizzler 9th Dec 09, 2:15 PM
    • 5,031 Posts
    • 7,521 Thanks
    Peachy price. I loved your reply to original situation.

    Graet Answer

    Ye sit sounds like your rid of OH and good by the sounds of it.

    Best of luck.

    Regards sizzler
    • wildthing46
    • By wildthing46 15th Jan 10, 12:38 PM
    • 73 Posts
    • 20 Thanks
    The Beneficial interest in property A (the one Satan lives in) is now his there has been a transfer of equity (negative as it is he got it for a 1), but the mortgage is still in my name, but it should never affect me as long as I don't sign anything ever as it will always fall into my BR?

    my other house, property B (the one that was rented and I haven't even been in for 2 yrs now) is still being argued over by the trustee and the building society trying to re-possess???? The trustee got the order first to sell and have asked to force entry as the building society have told them they have lost the keys!? Who has the priority the trustee or the building society, the trustee got a court order for sale 15th Sep 09 and the building society a month later.....neither seem to have done anything, just to and fro'ng both claiming to be selling it???....

    what would happen now IF I was lucky enough to find a job, haven't had much luck yet......
    If I was to get a job, the house (property B), was included in my SOA when I went bankrupt, can they take money off me if I start work? I am discharged and have been from BR for 4 months now and the building society continue to threaten me for the mortgage arrears? Can I try to get a job without any worries now, not that I have had any luck so far! As I only had the ok from the surgeon in December. Can I really start my life over without SATAN or the building society making me pay for anything, is it all in my past now? Does it all fall into my BR even if I can get a job and start earning? There may or may not be a shortfall, it is borderline and the longer it goes on with them arguing the smaller the shortfall is going to be as the arrears are building was listed as a shortfall in my SOA but the trustee seems to think he can get some equity....

    Falling down is NOT failure, failure is not getting up again!

    • wildthing46
    • By wildthing46 1st Aug 12, 12:22 PM
    • 73 Posts
    • 20 Thanks
    BR 4 yrs ago and still having issues????

    Nrly 4 yrs down line, discharged from BR in 2009........and the following has happened:

    started chasing me for 1.5k shortfall from repossession of house that was finally sold sometime in 2010, this was included in final report - sent copy of final report to debt company and have email stating they will now chase OR what for I do not understand? Promised they would not chase me and informed me they were not made aware by Building Society that I went BR.

    went BR on 23/02/2009, 10 wks or so before end of tax year 08-09, tax code was 603L all through year on payslips and P60's, they did not revert me to NT, and they sent trustee for BR a rebate for periods 23/02/09-04/04/09 approx 102, I was sick and only receiving SSP? Not sure who or what calculated this but received a letter and have it from HMRC stating they were sending it to him. Now last week received review of tax year and including the rebate to the trustee which was absorbed into my BR and my final report shows this 102, now they have recalculated and say I owe the rebate of 102 and another 276.20 , even though all my payslips reflect my correct tax code. Shouldn't this also be now included in my BR as this was a calculation which should have been done before the tax was returned to the trustee or have they calculated my tax incorrectly, how would I have been aware at the time my tax was incorrect I could not have included this in my BR I thought this would have been dealt with at the time of them investigating my BR?

    HMRC and the debt chasers for the shortfall have written to the OR and the OR and the trustee have emailed me and told my I have to seek Independant Financial advice? as it is nothing to do with them?

    Yes I have a job but am not sure why I am fighting nrly 4 yrs down the line and still being harrassed, they say they are released from the BR as it is over? I don't earn enough money to pay a solicitor it is hard enough trying to pay for petrol and food each month and I do not want to be or go into debt again. Taken time off work (yes I have had a full time job for 8 mths now ) to sort this mess out hopefully

    Falling down is NOT failure, failure is not getting up again!

    • wildthing46
    • By wildthing46 10th Jun 17, 9:43 AM
    • 73 Posts
    • 20 Thanks
    Ok 9 yrs down the line all debts credit cards BR off credit file. Just the joint mortgage I had with ex showing. On one credit file. My name is still on mortgage, I called them I thought he had got a mortgage on his own but he hasn't. He is paying , according to BR LAWS the debt is never to be my responsibility as the mortgage was included in my BR. It shows on one credit file because he is paying my credit rating on that one is 999 , but the other 2 don't match it as no linked mortgage on that.

    I have no debts just paid off a credit card
    Can I get the mortgage out of my name?
    Can I get a copy of my BR file it has been 9 yrs
    What happens if he defaults it will affect my credit rating as it is on there, yet I can't be chased , they may try, but it was inc in my BR

    Falling down is NOT failure, failure is not getting up again!

    • luvchocolate
    • By luvchocolate 10th Jun 17, 6:07 PM
    • 1,545 Posts
    • 1,406 Thanks
    The only way to get the mortgage out of your name is for your ex to apply for a new one in his name, they can not take your name of it.
    If he defaults yes it will affect your credit score, but as it was a pre B.R debt it is included in the B.R, this however will not stop them writing to you it will only be upon repossesion that the debt becomes unsecured.
    • Mouse007
    • By Mouse007 11th Jun 17, 3:31 PM
    • 105 Posts
    • 64 Thanks
    Have a good read of this

    Following your bankruptcy and discharge you are not liable to make any payments, therefore the mortgage company should not be informing the credit agencies that you are. FOS decision.

    Complain like mad
    • luvchocolate
    • By luvchocolate 11th Jun 17, 6:46 PM
    • 1,545 Posts
    • 1,406 Thanks
    I tried complaining and even went to the ombudsman but no joy,B.O.S will continue to to show on my credit file when my ex does not make a payment.
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