Hello,
I was made bankrupt in early 2011, details in this thread: http://www.legalbeagles.info/forums/...-of-bankruptcy
Because of my numerous complaints with the council I am still bankrupt in 2014.
I have a Buy To Let house. The following are secured on the house:
1. Mortgage with HBOS
2. Charging order with HBOS as they repossessed a different house. This order I was challenging (before my bankruptcy) because the house they repossessed did have arrears which was the fault of HBOS, but when I found out their fault which caused arrears, then I quickly made payment to clear the arrears, essentially putting the account into credit. Despite this, they still repossessed and have ignored my complaints.
3. Second charge. This second charge is for a secured loan, it should be around 18,000 but it is presently at around 30,000 - The reason for this is that the solicitor / conveyancer let the HBOS re-mortgage proceed without getting a deed of postponement from the second charge loan company. This I feel was their mistake, yet they then added other solicitor costs for me. Again, I was complaining about this but since bankruptcy I left this complaint as the bankruptcy was priority for me.
I have tried continually to get the bankruptcy complaint sorted out. 3 years later, I am in the same position.
I realise that if I let my house get repossessed then I am going to lose out on a lot of money, but at the same time I am suffering with both stress and depression in relation to the bankruptcy and being ignored etc.
I know that I am responsible for the first debt (mortgage) on the house. The charging order I was aiming to dispute as it was my opinion HBOS should not have repossessed the house since I cleared the arrears and put the account into credit. Also, the house was sold for way below market value.
The 3 / second charge, I dispute about 12,000 of that since my loan was for 18,000 and as the conveyancer did not get a deed of postponement for my re-mortgage, they then proceeded to pay off the loan on my behalf and charge me 12,000 for their legal costs. (subrogation)
I can not sort out the bankruptcy.... I would like to sort out the bankruptcy but I am now at the point where I can not take any more stress. I have had enough stress since 2011 when I was made bankrupt.
So, I am now thinking about making a clean break from all the above legal complications.
If I let the bank repossess my house, can all the secured charges / mortgages then chase me for money, even though I am bankrupt?
I am unsure of what is the best way for me to proceed. I would like to keep the house and end the bankruptcy, but it seems that I am unable to do this.
Any help or advice appreciated! Thank you.
I was made bankrupt in early 2011, details in this thread: http://www.legalbeagles.info/forums/...-of-bankruptcy
Because of my numerous complaints with the council I am still bankrupt in 2014.
I have a Buy To Let house. The following are secured on the house:
1. Mortgage with HBOS
2. Charging order with HBOS as they repossessed a different house. This order I was challenging (before my bankruptcy) because the house they repossessed did have arrears which was the fault of HBOS, but when I found out their fault which caused arrears, then I quickly made payment to clear the arrears, essentially putting the account into credit. Despite this, they still repossessed and have ignored my complaints.
3. Second charge. This second charge is for a secured loan, it should be around 18,000 but it is presently at around 30,000 - The reason for this is that the solicitor / conveyancer let the HBOS re-mortgage proceed without getting a deed of postponement from the second charge loan company. This I feel was their mistake, yet they then added other solicitor costs for me. Again, I was complaining about this but since bankruptcy I left this complaint as the bankruptcy was priority for me.
I have tried continually to get the bankruptcy complaint sorted out. 3 years later, I am in the same position.
I realise that if I let my house get repossessed then I am going to lose out on a lot of money, but at the same time I am suffering with both stress and depression in relation to the bankruptcy and being ignored etc.
I know that I am responsible for the first debt (mortgage) on the house. The charging order I was aiming to dispute as it was my opinion HBOS should not have repossessed the house since I cleared the arrears and put the account into credit. Also, the house was sold for way below market value.
The 3 / second charge, I dispute about 12,000 of that since my loan was for 18,000 and as the conveyancer did not get a deed of postponement for my re-mortgage, they then proceeded to pay off the loan on my behalf and charge me 12,000 for their legal costs. (subrogation)
I can not sort out the bankruptcy.... I would like to sort out the bankruptcy but I am now at the point where I can not take any more stress. I have had enough stress since 2011 when I was made bankrupt.
So, I am now thinking about making a clean break from all the above legal complications.
If I let the bank repossess my house, can all the secured charges / mortgages then chase me for money, even though I am bankrupt?
I am unsure of what is the best way for me to proceed. I would like to keep the house and end the bankruptcy, but it seems that I am unable to do this.
Any help or advice appreciated! Thank you.
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