{"id":10599,"date":"2010-12-31T16:18:22","date_gmt":"2010-12-31T16:18:22","guid":{"rendered":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/?p=10599"},"modified":"2019-07-31T16:28:40","modified_gmt":"2019-07-31T15:28:40","slug":"can-an-iva-affect-my-mortgage","status":"publish","type":"post","link":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/can-an-iva-affect-my-mortgage\/","title":{"rendered":"Can an IVA affect my mortgage?"},"content":{"rendered":"\n<p>An IVA is a professional agreement between you and your unsecured  creditors to pay back some of your debts over a defined time frame &#8211;  normally five years, but it could be for a lesser period.<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>Secured  creditors expect to obtain the complete contractual repayments on their  secured loans to you over the lifetime of the IVA. Should you have a  home loan, you&#8217;re going to be required to make the monthly home loan  repayments to your home loan provider in full.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img loading=\"lazy\" decoding=\"async\" width=\"424\" height=\"283\" src=\"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-content\/uploads\/2019\/07\/Fotolia_1713044_XS.jpg\" alt=\"IVA affect my mortgage\" class=\"wp-image-10612\" srcset=\"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-content\/uploads\/2019\/07\/Fotolia_1713044_XS.jpg 424w, https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-content\/uploads\/2019\/07\/Fotolia_1713044_XS-300x200.jpg 300w\" sizes=\"auto, (max-width: 424px) 100vw, 424px\" \/><\/figure>\n\n\n\n<p>At the same time the unsecured lenders enjoy only a dividend on  their unsecured loans to you. The size of the dividend can vary. It just  depends on what you can afford to pay and whatever your unsecured  creditors are prepared to consent to from you. Do not forget that over  75% of your unsecured lenders (calculated in \u00a3) will have to come to an  agreement to embrace your IVA proposals before your IVA can be approved.  In practice the dividend will most likely fall within the range of 20p  in the \u00a3 to 40p in the \u00a3, even though of course it may be much smaller  and indeed much greater. On occasion unsecured lenders may receive 100p  in the \u00a3 and possibly get statutory interest on top of that. <\/p>\n\n\n\n<p>Therefore  if you offer your proposals for an IVA, your unsecured lenders are not  required to accept your offer. In cases where they consider that you can  make higher contributions than you offer at the start, then they can  propose alterations to your IVA that could have the result of increasing  the size of your monthly contributions or indeed they can seek to  increase the duration of the IVA for potentially six months or a little  more.<\/p>\n\n\n\n<p>When you have a mortgaged property, unsecured lenders will  not pay no attention to this point. They will consider the latest market  valuation of the property and the amount you now owe to your mortgage  supplier. You will be required to provide a current, genuine and fair  market valuation of the property. You will also be required to obtain  from your home loan company a present-day home loan redemption  statement, detailing the complete cost of paying off your home loan,  including any early redemption penalty which may be applicable. With the  help of these two bits of information, your creditors can easily  calculate if there is any realisable equity in the property. If there is  realisable value therein, your unsecured creditors might possibly,  through modification to your proposals, ask for you to re-mortgage your  property during the course of the life of the IVA and introduce some or  perhaps even more or less all of any released equity into your IVA for  their benefit. <\/p>\n\n\n\n<p>A well structured IVA proposal will already  embody a provision for re-mortgaging the property and offering up equity  to creditors. On the other hand, it may well be that re-mortgaging is  not an option for you basically given that no mortgage provider will  take you on owing to your weak credit reputation. Alternatively, you may  learn that to re-mortgage the property, you could possibly have to pay  high mortgage rates for the same reason.<\/p>\n\n\n\n<p>Even if there is an  absense of equity in the property, unsecured creditors might consider  the magnitude of the monthly mortgage repayments. If they are high,  lenders may propose a modification that you sell the property and move  to lease accommodation, in this way permitting you to boost your monthly  contributions to your IVA. As a yardstick, mortgage payments that  exceed 40% of net family income would typically be presumed to be too  much. Obviously if the expense of rental property is much lower than  your monthly mortgage payments, then it is not outrageous that unsecured  creditors would suggest such a modification. <\/p>\n\n\n\n<p>In recent years,  residence values have dropped sharply, and a lot of people find that  their house is in negative equity. This simply just means that the cost  of redemption of their mortgage is higher than the present market value  of the home. If compelled to sell, the deficiency due to the mortgage  provider now becomes a additional unsecured liability and so rates for  dividend equally with the other unsecured creditors, as a consequence  depressing the dividend in an IVA.<\/p>\n\n\n\n<p>Don\u2019t forget that your partner  or spouse may have an equitable interest in your home. In many  situations that interest is 50% of the equity. Your family may also have  rights of residence in the property which could quite possibly make a  forced sale difficult for lenders, at the very least. In summary then,  an IVA can in truth have an effect on your mortgage but the good news is  that in most situations, debtors will not \u2018lose\u2019 their house in an IVA.  <\/p>\n\n\n\n<p>If you are thinking of going into into an IVA and are anxious  that it might affect your mortgage, you should initially seek the advice  of an Insolvency Practitioner, alternatively known as an IP, for help  and advice. A trustworthy IP will look at all of your financial  situation. You really should incur no expenses in receiving this  guidance. Your IP will go on to advise you on all of the choices open to  you including entering into an Individual Voluntary Arrangement (IVA).  That is not the only solution. You might consider entering into a Debt  Management Plan (DMP) or even petitioning for your own Bankruptcy (BCY).  There may be other possibilities available as well. You can opt for the  best choice for yourself in the light of the advice provided by the IP.<\/p>\n\n\n\n<p>Looking for reliable <a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/www.nationaldebtrelief.co.uk\/debt-help\/iva.html\" target=\"_blank\">iva<\/a> information? Get inside info on how and where to find the best now in our guide to all you need to know about Individual Voluntary Arrangements .<\/p>\n","protected":false},"excerpt":{"rendered":"<p>If there is equity in your home, your creditors might ask for you to remortgage your  property during the course of the IVA.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"none","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","footnotes":""},"categories":[7],"tags":[],"class_list":["post-10599","post","type-post","status-publish","format-standard","hentry","category-iva-articles"],"_links":{"self":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts\/10599","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/comments?post=10599"}],"version-history":[{"count":1,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts\/10599\/revisions"}],"predecessor-version":[{"id":10613,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts\/10599\/revisions\/10613"}],"wp:attachment":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/media?parent=10599"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/categories?post=10599"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/tags?post=10599"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}