BOI decided Not to offer an ARA because my mortgage is not sustainable - Help Please

stonka

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Hi, I am in arrears on my mortgage (the mortgage is unsustainable - I owe just under 310,000k) and I have finished few temporary arrangement with the boi. The current interest rate is 4.45%. The bank have done my financial assessment an made decision saying my mortgage is an unsustainable and they can not offer me an ARA. From this it appears that the only options I have considered under MARP are either to voluntarily surrender or sell the property or to trade down or Mortgage to rent scheme.

We took a mortgage in 2006 and was paying monthly e1300-e1550 as we were on variable rates. in 2008 we made decision to signed up for 5 years fixed rate as our mortgage rate increase around e250 during 2 years time. So we went for 5 years fixed rate :( that was b4 recession started. Few months later we found what a big mistake we made. We ended up with mortgage for 5 years with amount e1650. We just thought how not lucky we are, but because we both were employed we havent see a problem to pay that amount.
Unfortunatelly we got redundancy end of next year as our company had to make some cuts. And this is when our problems started. So basically our account is in arreas since nov 2009. My husband found a job I was getting BTWS for 2 years but we were unable to make a full payments. So our account was getting into arreas.

The amount we would b afford to pay is e800. Probably is not enought to cover interest and mortgage and arreas which are e12000.

As 5 years of fixed term just finished this month, i got a letter from d branch i took mortgage with offer e1100 for 3 years this one was d lowest of all. Probably wasnt including the arreas dont know not says. But we were under financial assessment so we could not choose any.

Just dont want to loose my house and i dont believe that any of 4 options has been given is a solution. We still own d money. If bank think we are not in position to pay off our mortgage how come we will pay shortfall and rent??

It is very difficult for me as Im not a banker dont know all those financial names, rules and how they calculate my interest, mortgage relief etc.

Everytime when spoke with boi had a cleaver sometimes rude person on d line. They talk like to the someone who knows all of that.

would b appreciate for any comments and advices.
Does anyone was appealing the decision regarding a mortgage??

Thank you


Personal and income details
Employed €25,000 (private sector)
Net income partner/spouse JA: wife €9,500 unemployed
Income history: both of us lost a jobs in 2009 since that time we were on social payments, BTWSC and have a job
number of children 1
Amount of Mortgage Interest Supplement received: None
Home loan
Lender: BOI
Amount outstanding: €315000 ish
Value of home: at best €185,000
Interest rate: were on fixed dont know now
Monthly repayment 1,750 approx
Amount in arrears 12,000

Summary of discussions and agreements with the banke.g. in Marp since 2011 . Have been on reduced payment since 2009.

Other loans and creditors - delete those which don't apply to you
Overdraft - 1600
Credit Card - 3,500
Family none
Other savings and investments : none

How important is retaining the family home to you?
Really important.

Which of the following best describes your situation?
I would like to keep it. I am 33 years old now also and have 28 years remaining on the mortgage.
 
Stonka.

You need good advice , get onto a Personal Insolvency Practitioner immediately.
A few things .

1. You have k130 shortfall on Mortgage V House Value.
2. There is NO way you can afford Mortgage.
3. You have been genuinely caught by down turn.
4. You WANT to keep your home.
........................................................................
The PIP will review/talk with Bank ,and will understand the jargon.
................................................................................
The Bank are also in a losing scene here.
I see no way without writedown or split mortgage etc that things will continue.

Only accept WHATEVER deal will give both you and the Bank Closure.eg if you surrender or sell ,that is the end of it , again PIP will keep you right.

.......................................................................................
I hope this does NOT sound terrible, but Bankruptcy may be an option. Please please , do not panic on the word Bankrupt.
.........................................................
What it should mean for GENUINE people is freedom after circa 3 years.
........................................................................................

Also , try to stop phone calls to or from Bank , they normally resolve nothing and you may verbally accept something or promise something verbally that is unfair .
Keep communication by letter , in that way both you and Bank have time to think.

Wish you well.
 
Is the €25,000 gross or net? I assume it's gross.

The amount we would b afford to pay is e800.
How did you arrive at this figure. According to the Insolvency Service, you can afford to pay €1,211 towards your creditors.



Reasonable Living Expenses|€
Total Before Deductions|1,602.77
| 1,602.77
Less Child Benefits|(130.00)
Total Set Costs | 1,472.77 Total Costs | 1,472.77

|€

Total Net Monthly Income | €2,684.00
Reasonable Living Expenses|1,472.77
Available For Creditors | €1,211.23

With a mortgage of €310,000 @ 4.45%, the monthly interest would be around €1,200.

So, if you pay €1,200, you could keep the house. In fact, you could probably get a split mortgage.

But if you can only pay €800, then your mortgage is unsustainable.

Brendan
 
I got one of these letters a few weeks ago too after previously being on a year to year reviewed arrangement. Financial advisor said Boi have sent a glut of these 'your mortgage is unsustainable' letters in the past month. Here is what he advised, it is applicable to you too looking at your situation.
Write back to the bank within the 25 business days appealing the decision. the reason is that if it going to progress to insolvency/bankruptcy/court you can show you have fully engaged in the MARP process. As posters said above, do not talk to any bank offical over the phone, letters only. (Download Call Control app on your phone to block private/unknown and bank numbers).
Go to a financial advisor who may refer you onto a PIP to take it from there.
 
Hello Brendan
Thank you for replying

my husband weekly wage is e370
my JA is e175 weekly

So i think e888 is the amount left for creditors :(


Is the €25,000 gross or net? I assume it's gross.



Reasonable Living Expenses|€
Total Before Deductions|1,602.77
| 1,602.77
Less Child Benefits|(130.00)
Total Set Costs | 1,472.77 Total Costs | 1,472.77

|€

Total Net Monthly Income | €2,684.00
Reasonable Living Expenses|1,472.77
Available For Creditors | €1,211.23

With a mortgage of €310,000 @ 4.45%, the monthly interest would be around €1,200.

So, if you pay €1,200, you could keep the house. In fact, you could probably get a split mortgage.

But if you can only pay €800, then your mortgage is unsustainable.

Brendan
 
Hello

Thank you. I just found this portal which is very helpful. Found so many informations I was not aware of. Im under MABS as well just not got as many info like here.

Just read here as well what you just said that the banks need to b sending them.

I got one of these letters a few weeks ago too after previously being on a year to year reviewed arrangement. Financial advisor said Boi have sent a glut of these 'your mortgage is unsustainable' letters in the past month. Here is what he advised, it is applicable to you too looking at your situation.
 
Hi Stonka

You said your husband's salary was €25,000 which I took to be gross. So check that he is getting all the tax credits to maximise your net income.

Using your new weekly figures, we get



Reasonable Living Expenses|€
Total Before Deductions|1,602.77
| 1,602.77
Less Child Benefits|(130.00)
Total Set Costs | 1,472.77 Total Costs | 1,472.77

|€
Net Monthly Income|1,603.00
Net Monthly Income - Partner|760.00
Total Net Monthly Income | €2,363.00
Reasonable Living Expenses|1,472.77
Available For Creditors | €890.23

Even with €890 availabe, I can't see any way to make your mortgage sustainable. It would be even more difficult with €800.

They could try a split mortgage.
Repayments on €185,000 @ 4.5% over 30 years = €937
Repayments on warehouse €130,000 @2.5% interest only = €270
Total repayments: €1,200

So they won't do a restructure because you can't meet any reasonable repayments.

I have done a separate post on how to reduce your chances of being repossessed

Brendan
 
Hello Gerry

Thanks for reply.

I do not understand much which option will b d best for me. Its realy hard to see our houses lost d value and we are have to pay for it even when its not worth it our money. So many people left their houses and escaped to AU India USA or Canada. I would not do it. I just want to live in my house pay my mortgage and b happy. I came to ireland to change my life. It looks like now i might loose my house and still b left with loan.


Stonka.

You need good advice , get onto a Personal Insolvency Practitioner immediately.
A few things .

1. You have k130 shortfall on Mortgage V House Value.
2. There is NO way you can afford Mortgage.
3. You have been genuinely caught by down turn.
4. You WANT to keep your home.
........................................................................
The PIP will review/talk with Bank ,and will understand the jargon.
................................................................................
The Bank are also in a losing scene here.
I see no way without writedown or split mortgage etc that things will continue.

Only accept WHATEVER deal will give both you and the Bank Closure.eg if you surrender or sell ,that is the end of it , again PIP will keep you right.

.......................................................................................
I hope this does NOT sound terrible, but Bankruptcy may be an option. Please please , do not panic on the word Bankrupt.
.........................................................
What it should mean for GENUINE people is freedom after circa 3 years.
........................................................................................

Also , try to stop phone calls to or from Bank , they normally resolve nothing and you may verbally accept something or promise something verbally that is unfair .
Keep communication by letter , in that way both you and Bank have time to think.

Wish you well.
 
How important is retaining the family home to you?
Really important.

Which of the following best describes your situation?
I would like to keep it. I am 33 years old now also and have 28 years remaining on the mortgage.


You should strongly consider the Mortgage to Rent scheme.
http://www.citizensinformation.ie/e...mortgage_arrears/mortgage_to_rent_scheme.html

It may suit you if you meet the conditions for entry. It means you could stay in your home, pay an affordable rent, not worry about maintainence and if your situation improves you could possibly buy the house back after 5 years. Once the house is sold to the Housing Association you could then deal with the shortfall through the insolvency route.
 
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