IBAS - Independent Banking Advisory Service
UK Mortgage Shortfall Debt Claim Frequently Asked Questions
Updated on 20th October 2023
Mortgage Shortfall Debt Claims have a Limitation period of 12 years but lenders can and will pursue after that time has expired. Legally they are still allowed to do so. The borrower or their advisor needs to know whether the debt is a statute barred debt in order to know how best to defend the Mortgage Shortfall Debt Claim. Mortgage interest on Mortgage Shortfall Debt Claims has a Limitation of 6 years.
Lenders and their solicitors will often limit facts in their mortgage shortfall debt claim to entice borrowers to make proposals to pay. That is done to elicit proposals. If the customer provides written proposals it will legally tie them directly to the debt claim.
IBAS specialist knowledge and banking experience gained from investigating business banking dispute cases for over 30 years provides more chance of success in Challenging and Resolving customers UK Mortgage Shortfall Debt Claims.
If you have recently received a Mortgage Shortfall Debt Claim from a solicitor then email IBAS with your concerns
If you have any uncertainty regarding your Mortgage Lender email us with your concerns
An email to IBAS for assistance or guidance can help you quickly obtain confidential assistance and independent mortgage shortfall debt claims help and guidance.
* IBAS will assess and directly assist and advise the customer for their own protection
* IBAS is not controlled by Banks or Lenders to conform to their agenda.
* IBAS is Totally Independent.
Frequently the following questions arise
I am being chased by Debt collectors for a very old mortgage shortfall debt what can I do?
How long can my mortgage shortfall debt claim be chased for?
I am being chased by solicitors for a distant or past mortgage shortfall debt claim - what should we do?
I am trapped by the mortgage debt my ex husband owed - can you help me?
Ex husband of my Girlfriend left her in debt after their home was repossessed - how can you help?
My ex-husband’s mortgage shortfall debt following repossession may cost us our home - how can you help us?
We have just received an assignment on a mortgage debt from 17 years ago when our home was repossessed
My ex-husband has gone bankrupt leaving me liable for the mortgage shortfall debt
My ex-wife left me more than 12 years ago and now the lenders are claiming a shortfall debt - can you help?
My partner and I married recently - she has just received a claim for a previous mortgage shortfall debt claim - can you help us?
My Wife had a mortgage debt and that is being claimed from me after 15 years - is it my liability? - what can you do?
My Lenders are not taking any notice and now they are issuing a claim into court with 12 years interest - how can you help us?
A Joint and Several debt is being claimed against me because my wife left me with her debts - can you help?
My friend says my shortfall debt claim is outside limitation but the lender’s taking me to court and also claiming interest - what can you do?
We were told when we handed the keys back that the lender would then write the debt off - can you help us?
Many of those questions cannot be quickly answered in a phone call or even meetings by any fact based opinion. The majority of the answers lay in the mortgage paperwork. Most of our investigations focus on that area. Often, it has been many years since the events of possession and then the property sale. Claims for Mortgage Shortfall Debts are often delayed for periods of many years.
When faced with a large mortgage shortfall debt for an alleged historic mortgage the customer may well panic. That is not unusual. But, providing the customer contacts IBAS that initial panic can be reduced and turned into positive actions.
Sometimes, the customer has very little memory of the facts and often very limited historic paperwork. But. we know where to look and how to find those facts. If you are faced with a Court Claim for an alleged Historic Mortgage Shortfall Debt then you need IBAS help
If you have any uncertainty regarding your Mortgage Lender or have recently received a Mortgage Shortfall Debt Claim from a solicitor then email IBAS with your concerns
IBAS Mortgage Shortfall Debt Claims Unit was founded in 1992 and has 30 years experience investigating and resolving mortgage shortfall debt liability claim cases after home repossession/s.
IBAS knowledge has been collated from thousands of IBAS cases over many years which provides unique backup information for IBAS and is used to assess where to investigate and what will produce the best results.
Lenders target individuals with existing UK mortgage shortfall debts continually. Does your Lender have new information about your circumstances? i.e. have you moved in with a partner who has a mortgaged property with equity?
Personal information from voting lists, Land Registry charge sheets and applications for new borrowings (i.e. Mobile phones) from your post code are always being 'trawled' by lenders seeking payment of shortfall debts. Any information found by the Lender which indicates that property or assets can be targeted for payment puts new partners or even family members at risk from legal claims against their assets.
If you are living in a mortgaged property with a new partner, family member or a friend - they may be at risk from your old mortgage shortfall debt an email to IBAS for assistance can help you quickly obtain practical and confidential assistance - it may also put your mind 'at rest'
UK House repossession or UK home repossessions are followed by property sales by the lenders. There may be a shortfall on the mortgage after sale, as repossession and 'forced' sales attract many seeking to buy 'distressed' homes at a large discount, from lenders or their agents.
A borrower forced into repossession remains liable under the Mortgage Deed for any mortgage shortfall debt and the mortgage deed allows the lender 12 years to obtain payment.
Lenders commence Mortgage Shortfall debt recovery once the property has been sold.
The lender knows exactly what remains to be paid on the mortgage they provided.
A negative balance on the mortgage remaining after the property sale becomes a 'mortgage shortfall'.
The lender should issue a mortgage completion statement which proves their position to the borrower.
The lender will at the same time request or demand payment for the Mortgage Shortfall Debt.
Lender's Mortgage Shortfall Demands for payment need to be very carefully considered
- otherwise the full debt may be claimed and then legally enforced by the lender.
Legal enforcement by the lender will add further costs to the debt being claimed.
A lender can add all recovery actions and fees to their claim.
Further legal fees and recovery actions will mean the borrower will be liable to pay more and at that time any other properties they own may also be claimed upon by the lender - or will be at risk from the lender's legal actions.
It is possible for a lender to obtain a debt judgment and apply for a charging order or order for sale on the same day.
Much of the bank/lender 'recovery' knowledge is gained from Bank/lender Internal Notes.
The Lender internal notes record their employees personal observations and details of the customer, their family and relatives, including assets and property and possible inheritance claims. Sometimes these also contain very personal and specific details. All are of value to the bank in seeking payment or repayment for a debt claim.
an email to IBAS for assistance can help you quickly obtain practical and confidential assistance
Independent Banking Advisory Service (IBAS) - launched in 1992 and are UK Specialist Business Banking Dispute Resolution Experts assisting and advising UK Business Bank customers with UK business banking account overdraft, loan and Mortgage disputes and business banking debt disputes.
Independent Banking Advisory Service (IBAS) has featured on BBC TV, BBC TV News, ITV News, Meridian TV and Sky TV News since 1992 and contributed banking editorials and business banking articles for Sunday Times, Times, Daily Mail, Daily Express, Telegraph and Daily Mirror.