Post MARP - what to do next?

Kine

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All,

I am a long time reader, some time contributor to this forum but am I am looking for some guidance / advice as to my own situation. Any help you can provide on my questions below would be much appreciated though! I am reading up on all of it, but I am a big believer of tapping a valuable source of knowledge that is AAM (and this website is on the useful links section of MABS!).

Background:
Before I ask the questions I thought it might be useful to give a brief background on where I am: Emigrated to London almost two years ago with my partner and daughter as job opportunities were drying up in my field. We owned a 2 bed apartment here which we naturally rented out, at the time €400 less than capital + interest payments of c. €1400. I managed to bridge the shortfall for a few months through savings, and a little bit of taking my eye off the ball, and realised this was naturally unsustainable. Come April 2011, negotiated an interest only option which meant that, when you include the management fees etc, it just about broke even. However, this is obviously only a temporary fix and a few items such as the fridge and boiler went pop during the course of 2011, the cost of fixing I couldn’t really afford. As a result of income limitations in London, I realised I could no longer afford the property on two levels...firstly the repayments long-term weren’t affordable, and secondly I did not have sufficient surplus income to fix any other issues with the apartment (i.e. I could no longer afford to actually be a landlord if I could not even provide my tenants with a boiler!).

I wrote a fairly detailed proposal to my mortgage provider (UB) in September 2011 and attached comprehensive appendices such as the SFS, payslips etc. It wasn’t pretty viewing, and I was looking to sell the property and gave several reasons why it was in everyone’s interest to do this (I’m on a tracker etc).

Current Update:
To cut a rather long, and to be honest unspectacular story short (it took several months to get UB to even engage with me....a couple of months in arrears soon got their attention while I was in between tenants) I have finally received a phone call from my case manager that while they are OK with me selling the property, they are not willing to do a deal on the outstanding negative equity balance (c. €200,000). Amazingly, I have asked for this in writing and he seemed hesitant to provide it, completely against MARP process but that’s not the first infringement of the whole saga but that’s neither here nor there at the moment – I will keep pushing him for it as I can’t appeal against a phone call!

Now, I’m not here to discuss the moral hazard etc but what I am trying to do is figure out what is the best course of action to take for my family, unfortunately the implications of these is what I am trying to ascertain:

1) Hand back the keys: Not my ideal solution as basically the bank sells the property for below market value and it maximises the balance outstanding.
2) Sell the property myself: a slightly better version of Option 1, as at least I get market value, and it may enable me to start more negotiations with them if I am waiving a big wad of cash at them.
3) Resident in the UK: I obviously have a couple of options being resident in the UK give me, such as Bankruptcy, IVA’s etc. These aren’t massively appealing though and I feel are only the last ditch resort and not to be taken lightly.

What I am trying to figure out is what the impact selling the property is and failing to agree a deal on the unsecured loan that would be outstanding. Even on my current low tracker rate, this would still amount to c. €750 pm in repayments which, let’s be honest, not too many people could afford. If I decide not to pay, what does the bank actually do? It takes out an injunction against me? What exactly is this, and what does it do? Unfortunately, I have tried searching online but I just ended up confusing myself.

Any guidance anyone has would be much appreciated. If you require any more info please feel free to ask – I have tried to keep it detail free above for an easier read – and it is a very shortened version of what has been a long...long drawn out process by UB.

Cheers,

K
 
Selling the property without agreeing what happens the shortfall is not going to work as the bank simply will not release the deeds to allow sale, you will need their permission first to sell it so you will have to confront the problem of the shortfall. As you said voluntary surrender gives you no control over the price they get, to be honest I don't know what your solution is, same problem as a lot of people face at the moment, maybe hold on and see what the new insolvency legislation brings.
 
As many posters have attested on here the banks will actually only deal with you when you go into arrears. That is the only way it seems to get their attention.

In your case the bank is willing to allow you to sell with the shortfall, and they have agreed to let you pay off the 200K negative equity at the same interest rate and term you are currently on (if I understood you correctly) and this would be 750 a month. Based on your salary you think you cannot afford this.

The bank are not willing to put this in writing, so they are sneakily doing deals on the phone with you (and others) but it leaves you in a bit of a limbo.

You've yourself sumarised your options. You can also play the game, sell the house with their permission, get the best price and pay them back and agree to pay back the negative equity. This gets you a step further, and then when that's all sorted you stop paying the 750 and see what they do. At the end of the day if you cannot afford it out of your salary then it will be really hard for the bank to get it out of you, being in the UK makes this even more difficult I assume. They know your salary as you've supplied them with this information so they seem to think you can afford the 750? And they will take you to court to get an instalment order. Not sure how UK courts look at this but if it's like Ireland, you will be allowed to have a 'certain' standard of living (rent, utilities and food etc) and what's left over can go to pay the bank.

(I imagine at some stage the bank will get you to sign a confidentaily agreement)
 
Many thanks for the response. As I mentioned above, I really would prefer not to have to go down an insolvency route, but as you correctly surmised above I cannot affor the €750pm for the next 30 years....I will a monumentous pay increase for that, not to mention I have children close to starting school etc and any free income I have will be taken up by that!

I do believe the best approach is to sell the apartment at market value (which, in all honesty would be a relatively attractive yield for an investor, let alone a PPR for someone) and then approach the Bank again. However, as you outlined, I naturally can't service the outstanding balance, which UB have acknowledged, but were unable to offer any alternative solution. And as I said, unable to provide anything in writing which they are meant to do!

You mention an installment order - how exactly does that work? As a UK resident, I was under the impression it is pretty difficult/costly for them to chase me over here, how long does one last?

Thanks again,

K
 
I do see another option all you need is to slightly up the rent.
 
Hi Kine

Could you fill out a few of the figures please and I will give you my analysis, in the light of the Personal Insolvency Bill

Rental income: €1,000 per month ( is that right?)
Amount outstanding on mortgage:
Mortgage rate: ECB +
Value of property:
Salary in the UK


Brendan
 
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