UCI Mortgage Debt Dilemma

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13 Feb 2016 3:46 PM by crystall Star rating. 1 posts Send private message

I would like to hear from individuals in similar situations or those that might be able to offer some practical advice.

Used to have a mortgage with UCI. Was unable to keep up repayments. Was threatened with legal action for community fees by the Community. Had no choice but to allow Bank to sell the house below original market value, market was still very depressed when this occured. UCI only wrote down 11.5% off the mortgage. I am still left with a considerable "mortgage" to pay.

Have not paid anything for approx. 3 years as I am still unable to pay them due to family ilness etc.  
Bank attempted to make contact using a collecting debt agency approx 1 year ago. No legal action has taken place.
I get annual statements still showing there is a mortgage (plus mounting arrears).
Have no other assets.

Bankruptcy is not an option due to industry I work in.

Is anyone else in this situation and if so what have they done to get rid of this financial burden?

What are my choices - as I would like to eventually buy my own house in the future (UK) but would not be able to afford two sets of mortgage repayments? Ideally I would like UCI to consider writing down the mortgage further and then I might have the chance to pay toward them. Just not sure how approaching they would be on this matter. Wondering if anyone else thought of this approach and if they had any luck? Of course if I could find a legal solution to eliminate this debt, then this would be the ultimate wish!

Your thoughts and feedback are greatly appreciated!





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02 May 2016 11:51 AM by fazarelli Star rating. 282 posts Send private message

Good news. If a debt collection agency has been in contact then that means that your debt is no longer with bank. Nor is it with the Debt collection agency (DCA). The DCA have 'bought' the debt at a very low price, say 10-20% of the outstanding amount. They have taken a gamble on you paying some or all of this debt to them. DO NOT PAY A SINGLE PENNY NOR AGREE TO PAY ANY, as this will be accepting the debt from the DCA, which legally isn't your debt anymore.

The best policy is to ignore them. This will be difficult as they will basically HARASS you until you agree to accept the debt (by making a payment or agreeing to pay some). They will give up after a few months. But in this time they will try and scare you into paying up, writing about what MIGHT/COULD (not WILL) happen if you ignore these letters etc. If you do feel overwhelmed by the harassment, your best response to them would be to write to them and ask to see your original credit agreement with them. Of course, they don't have one (and this is the basis of this 'defence' for you) but they might try and provide the one from the mortgage company (unlikely due to data protection act etc).

 

The debt is not yours anymore, IT IS THE DEBT AGENCIES now. The mortgage company have signed the debt over to the DCA. And you don't have any agreement with them at all.





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03 May 2016 11:07 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Crystall:

Was it a private agreement between you and UCI by which you gave the house back for a writting off of 11,5% of the mortgage or are you still the owner of the house?



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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22 May 2019 3:20 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Are your properties being repossessed by the Bank?

After recent Court decission by the European Court, possibilities to oppose an enforcement procedure if the anticipated maturity clause was included in your Notary deeds are much higher

Also, depending on value given to the property for auctions, a settlement with the Bank is possible. There are also other abusive clauses playing now much in your favour if a repossession is started

https://www.costaluzlawyers.es/2019/04/04/new-cjeu-sentence-to-favour-mortgage-holders-in-spain/

https://www.costaluzlawyers.es/2018/10/19/european-union-comission-on-irph-clause/



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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