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UK Buy To Let Mortgage Shortfall Dangers of LPA Receivership
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UK Mortgage Shortfall Debt Claim Frequently Asked QuestionsUpdated on 4th February 2024
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. Received a Mortgage Shortfall Debt Claim from a solicitor then Contact IBAS now
If you are facing any Lender pressures this information may assist you
* 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
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.
By 2002 Independent Banking Advisory Service had already obtained in excess of £21 million in refunds, write-offs and write-down of bank debt for Business Banking customers from our successful investigations of UK Business Banking Disputes
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.
Contact IBAS - 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 1999 Testimonial for IBAS 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.
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