Hi guys, I'm trying to work out what our options are and looking for opinion from anyone with experience. Long story short, family home in serious arrears, no income coming in, have accepted we have lost the house. Bank sold mortgage to vulture fund and we are dealing with their SPV.
There is currently €200k o/s. We received offer of €140k in March 16 and we offered this to them in full and final (F&F) settlement and they declined as valuation is for €150k. We then offered the sale of €140k, plus €10k cash as f&F and they declined. The cash was made up of donations from friends and family on basis that we were led to believe by the SPV that the VF would accept €150k. We were devastated they then said no. It took a lot to even ask some of those we asked. The SVP then asked us to use an estate agent of their choice which we were not happy about as existing estate agent has been on this for over 3 years (4 sales fallen through) and did alot of the work for us for free, but we felt we had no choice and did as they asked.
The same purchasers made offer to new agent of €150k, as they said VF would not accept anything less. So with that, we went back to SVP and offered this as f&f. We were told verbally a month or so ago by the SPV that this offer had been accepted. I later got an email from SVP saying that the Vulture Fund had consented to the sale. Solicitor has been trying since then to get everything in writing. The SVP advised the estate agent at that time that everything was good to go-who then advised the purchasers who are obviously keen to get moving in as this is ongoing for them since March this year.
Two weeks ago, the SPV verbally advised our solicitor that the VF were only consenting to sale and that the o/s debt once sale cleared would still be outstanding and for her to let us know. We had been dealing with SPV on our own up until we were told we the VF had given go ahead as we couldnt afford legal rep. SPV did this I believe because he knew we were under impression it was sale in full and final settlement. We were shocked to say the least and so upset-we really thought finally we were near the end of this horrible experience and might be able to avoid insolvency.
SVP now just not getting back to anyone. What if anything can we do here? I can't even tell if we are still under MARP or not. Buyer ready to pull out-that will be the 5th and final one at this stage as we will just have to go bankrupt and end this. Any advice?
There is currently €200k o/s. We received offer of €140k in March 16 and we offered this to them in full and final (F&F) settlement and they declined as valuation is for €150k. We then offered the sale of €140k, plus €10k cash as f&F and they declined. The cash was made up of donations from friends and family on basis that we were led to believe by the SPV that the VF would accept €150k. We were devastated they then said no. It took a lot to even ask some of those we asked. The SVP then asked us to use an estate agent of their choice which we were not happy about as existing estate agent has been on this for over 3 years (4 sales fallen through) and did alot of the work for us for free, but we felt we had no choice and did as they asked.
The same purchasers made offer to new agent of €150k, as they said VF would not accept anything less. So with that, we went back to SVP and offered this as f&f. We were told verbally a month or so ago by the SPV that this offer had been accepted. I later got an email from SVP saying that the Vulture Fund had consented to the sale. Solicitor has been trying since then to get everything in writing. The SVP advised the estate agent at that time that everything was good to go-who then advised the purchasers who are obviously keen to get moving in as this is ongoing for them since March this year.
Two weeks ago, the SPV verbally advised our solicitor that the VF were only consenting to sale and that the o/s debt once sale cleared would still be outstanding and for her to let us know. We had been dealing with SPV on our own up until we were told we the VF had given go ahead as we couldnt afford legal rep. SPV did this I believe because he knew we were under impression it was sale in full and final settlement. We were shocked to say the least and so upset-we really thought finally we were near the end of this horrible experience and might be able to avoid insolvency.
SVP now just not getting back to anyone. What if anything can we do here? I can't even tell if we are still under MARP or not. Buyer ready to pull out-that will be the 5th and final one at this stage as we will just have to go bankrupt and end this. Any advice?