Hi i am just enquiring I do not have any legal charge or mortgage on my own home. I have a number of investment properties in negative equity and I may end up losing them to the bank. There will be a significant loss on the investment properties. My own home was not used as security for these properties. Can the bank take my own home off me as well
I have spoken to the bank
1. YOur liability to the bank, on the debt covenant included in the loans is for the full sum owing on the loan. The bank can still pursue for the full sum owing, even if they sell the property and the proceeds realised do not pay off the loan.
2. After the sale of the investment properties, the bank would then have to quantify what you owe them and then proceed to sue you and enter judgment against you for any outstanding balance due on the loans.
3. This judgment could then be registered as a judgment mortgage on your home. A bank would then seek an order for sale of the home. At this juncture, account would have to be taken of any other interests, such as the interest of your wife/husband in the home, the interest of a partner under the Civil Partnership & cohabitants act 2010, with an order for partition being obtained to sell your part of the home.
4. There isnothing to prevent you, if you fear the worst, from transferring your share in teh home to your partner/spouse. There is a 5 year period in which this can be challenged if this is done for nothing. The period within which it can be challenged is only 6 months is some value is given for the transfer of your share.
5. These periods within which it can be challenged refer to the periods under the BAnkruptcy Act 1988 within which a creditor can challenge the disposition of a bankrupt's assets. this assumes that the bank would seek to make you bankrupt for failure to discharge the balance of any monies owing on the loans. A worse case scenario
Barrister 17 years experience
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