Vulture Fund refusing sensible offer-what can I do?

AnnaLee

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We know we are most likely going down the insolvency route at this point but I thought I might throw this out there to see what you think. We are in arrears on family home, both out of work and living well below ISI living standards. We owe just over €200k. Bank gave us option to sell or voluntary surrender almost 3 years ago. We had two offers in the following 6 months, both were turned down. They accepted a third offer for €140k in Aug 2014 but sale fell through when it was discovered there was significant structural issues with the roof. Engineers report found damage to timbers which meant the roof would need to be stripped and rebuilt and they got a quote of about €40k to do the work. Needless to say, they pulled out.

Debt was then sold to a vulture fund and this took almost a year for it to be sorted. We got another offer in April this year for €140k-we were delighted and put it to the fund who declined. We then went back and offered the €140k plus €10k cash for full & final settlement. They have again declined.

Each time I speak with someone, they seem unaware of the problem with the roof. They said they weren't happy with our estate agent and that they had two independant valuations done. One matched our offer and the other gave a figure of €200k. So we asked if we could use that estate agency which they agreed to. We had them out to value-they had given vulture fund a valuation based on daft link from 3 years ago. They revised their valuation down to €150k after looking around and reading reports on roof issues. They went back to the vulture fund to tell them they would strongly urge them to take the offer. But they have again declined.

The vulture fund simply want us to give them the house and €10k. We were getting half the €10k from family who are now unwilling to give us the money as we now have no control over who the new neighbours might be (family live directly next door) and because they are annoyed at the vulture fund. Is there anything further we can do to try and make them see sense? If we hand it over or go bankrupt, the house will sell for a lot less than if being sold by owners. Meaning our overall NE debt will increase massively. TIA
 
Who offered the 140k? Any reason you can think of as to why the fund rejected the offer?

Not so sure I would automatically just go bankrupt just yet based on the family comments above, losing control of who lives next door. Suggest that you give yourself a timeline and communicate a deadline in writing (eg end of year) to the fund so as they realise the situation and the fact that you plan to go through insolvency. Depending on where you live it could be very difficult for them to sell the house, particularly if a small community, family next door, perception you have been 'evicted' perhaps. If you end up going down the insolvency route then sobeit but at least you gave it one final attempt.
 
Just go bankrupt. You will be out of it in a year. The lender still will have to go to court to get repossession

Mr. Burgess may well be correct, but I would also ask for a copy of all of your documentation (including a copy of the mortgage deed, loan offer etc). You are entitled to all of this under whats called a "Data Access Request" (it will cost you €6.35 so be ready to write a cheque to the Bank / Fund at the same time as you submit your request). No harm checking that they have all necessary paperwork and it's completed correctly etc. ;)

Have a look here for further info.
 
I note that you are currently living beneath the ISI's Reasonable Living Expenses, which would suggest that you are unable to make any reasonable monthly mortgage payment.

If you could source enough income to make a monthly mortgage payment of €792, then you could do a PIA under which the mortgage would be reduced to €150,000 payable over 25 years at an interest rate of 4%.

Jim Stafford
 
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