question category: Other Debt Questions

Can the bank force me to sell my house, i've defaulted on the loan?


i have a charge on my house supporting a £200k business loan. My buiness has now been liquidated and therefore i'm unable make further payments through the business and i dont have the kind of money to personally to keep up repayments as i'm now unemployed. I now have £40k remainng to pay the bank and i have roughly £200k equity in my house. Will the bank force me to sell the house? inorder to recoup thier money, or could i suggest a payment plan once i find a job? or would they let me sell the house to repay them,if so how much time will they give me? or would they just leave the charge on the house and recoup the money when i eventaully sell?

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Re: Can the bank force me to sell my house, i've defaulted ...

It is extremely rare for the court to allow a creditor who has a charging order on your property to force you into selling your home. Most creditors are prepared to wait for you to sell your home at some point in the future and then to be paid out of the proceeds from the sale. If a creditor is not prepared to wait then they can apply to the court for a hearing. It is up to the court to decide whether to make an order for the sale of your property. The court will then take into consideration whether a sale would raise enough money to pay off the charge as well as any existing mortgage, or other secured loans, and also whether the court can legally order a sale. This is only possible if the debt is in your sole name and you are also the sole owner of your property, or if the debt is in joint names with the person who jointly owns the property. If you own your home in joint names but the debt is in your name only the creditor cannot apply for an order to sell the property. Very rarely the creditor may use other procedures to try to force a sale. You can still make an offer of repayment once you have gained employment and ask the court not to order a sale as long as you maintain the payments. You can also ask the court to adjourn the order for sale proceedings or suspend the order. The charge does not remove your rights to sell the property yourself should you be unable to secure employment

 

Post new comment

The content of this field is kept private and will not be shown publicly.
Type the characters you see in this picture. (verify using audio)
Type the characters you see in the picture above; if you can't read them, submit the form and a new image will be generated. Not case sensitive.

Featured Debt Charity

“What we like most about the help the Debt Advice Foundation provide is it’s balanced and fast. You’ll get the right solution suggested confidentially in hours not days.” Debt Advice Foundation