adrian77
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Post by adrian77 on Sept 22, 2017 14:30:37 GMT
I think you will find they can in some situations as I have read - this area of law is mega complex and way beyond me- the law does not seem to run on "common sense" to me! I think the question as to whether the first charge holder can block the second charge being arranged is relevant . Whatever this is really not looking good to me - I hope I wrong but I deal in distressed properties and the smallest discount I have had from the asking price is 30% and the best 70%...believe me unfinished properties are a nightmare to sell at anyway near the monies invested in them.
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adrian77
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Post by adrian77 on Dec 30, 2017 10:32:12 GMT
Had another quick look at this one
Total debt: £2.185m before FS loan - house sale asking price £2.15m. I can see this one going for well under £1.5m depending on the final state
Interest to date £2.185 at e.g.10% over 1 year = £0.2m plus adminstration fees of first charge holder plus potential cost to finish house---this one is not looking good!
Looks to me (as mentioned by other forumites) property loans with "tasty" interest rates are to be avoided by most of us.
I really, really wonder if Wimbledon and KN*** are both going to show a 100% loss on capital
Gordon Bennett !
FS - prove me wrong and I will be the first one to admit it!
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micky
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Post by micky on Dec 31, 2017 0:21:10 GMT
Don't think it can but correct me if I'm wrong.
The other 2 houses are assets only for FS loans, therefore, the sale of these will begin to repay approx 30-40% of the capital of the second charge -FS loan refs- 1223006016, 3033120644, 1422136493 and 1861254173 Then any leftover proceeds from the sale of the main house will also repay capital from the first 4 FS loans and outstanding interest.
It does look very dodgy for the investors in the final loan through-3867743062 which I think ranks behind all others.
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susan
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Post by susan on Jan 1, 2018 14:47:01 GMT
Don't think it can but correct me if I'm wrong. The other 2 houses are assets only for FS loans, therefore, the sale of these will begin to repay approx 30-40% of the capital of the second charge -FS loan refs- 1223006016, 3033120644, 1422136493 and 1861254173 Then any leftover proceeds from the sale of the main house will also repay capital from the first 4 FS loans and outstanding interest. It does look very dodgy for the investors in the final loan through-3867743062 which I think ranks behind all others. Yes, I have resigned myself to at least a 70 % loss on this one. This was one of my first investments, and I am much more careful with second charges now.
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micky
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Post by micky on Jan 11, 2018 9:15:00 GMT
Interesting news-
We have been advised by the agents marketing the main house that two new parties have shown an interest in the property. One interested party is a footballer who is due to attend for a second viewing with a builder; the other interested party is a couple who operate a business in York and have recently sold their home and are therefore effectively cash buyers.
Of the other two properties, one is shortly to be listed with a local estate agent. The other is still occupied and our lawyers are proceeding with eviction orders.
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adrian77
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Post by adrian77 on Jan 11, 2018 14:30:21 GMT
Well I guess it is something but disappointing considering how long the house has been on the market. As the footballer chappie is taking his builder can we assume the house has still not been finished? Also could somebody answer the following question for me. Given there are 2 charge holders; have they got to agree any offer price or can the primary holder force acceptance - i.e. can he concentrate on getting his money back and let FS whistle for theirs. If an offer is made today then it will probably be 3 months before FS gets any readies -£1.7m at say 20% over 3 months is another £85K (£85K rings a bell!) Soon clocks up doesn't it...
I thank you.
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mikes1531
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Post by mikes1531 on Jan 12, 2018 22:04:57 GMT
As the footballer chappie is taking his builder can we assume the house has still not been finished? We can hope that the works are complete and footballer is taking along their builder to express an opinion of the quality of the work done and to provide an assurance that a lot more work won't need to be done. (Isn't that similar to why someone considering buying a car might ask their mechanic to look at it before they make an offer?) Given there are 2 charge holders; have they got to agree any offer price or can the primary holder force acceptance - i.e. can he concentrate on getting his money back and let FS whistle for theirs. AIUI, the receivers have a duty to obtain the best price possible, so the first charge holder probably can't tell them to accept the first low offer that comes along. The second charge holder probably could reject the receivers' advice to accept an offer that wouldn't cover all that was owed, but that could cause trouble if a subsequent offer received meant that the first charge holder ended up worse off than if the first offer had been accepted, so that would expose whoever rejects the receivers' advice to a risk of being sued by anyone affected by that decision. AC made that clear after they asked their investors to vote to accept an offer and the vote went the 'wrong' way. IIRC, in that case AC were the only chargeholders and the offer received wouldn't have produced enough proceeds to completely clear the debt. The borrower was at risk for the shortfall in the proceeds, but the AC investors were afraid the borrower would become bankrupt and leave them with losses. The borrower could have claimed against AC if a subsequent sale produced a poorer result for them.
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micky
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Post by micky on Jan 13, 2018 0:15:11 GMT
I believe that the first charge holders 'Coults' are able to accept the offer that they wish and are not influenced by FS needs at all. They, however, are duty bound to achieve the best possible price and that benefits us- 'FS' investors.
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stub8535
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Post by stub8535 on Jan 13, 2018 1:46:25 GMT
Interesting news- We have been advised by the agents marketing the main house that two new parties have shown an interest in the property. One interested party is a footballer who is due to attend for a second viewing with a builder; the other interested party is a couple who operate a business in York and have recently sold their home and are therefore effectively cash buyers. Of the other two properties, one is shortly to be listed with a local estate agent. The other is still occupied and our lawyers are proceeding with eviction orders. Does the reference to 2 other properties refer to the ones where titles were used for loans on other platforms that sit within the grounds? I think they are the lodge and riding school iirc. For the legally knowledgeable what is the situation in reveivership/ admin or bankruptcy, whichever applies here, for titles owned by the borrower but used as collateral first charge elsewhere to be blocked by the courts? Thanks.
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micky
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Post by micky on Jan 13, 2018 9:54:08 GMT
A different loan I think.
'Does the reference to 2 other properties refer to the ones where titles were used for loans on other platforms that sit within the grounds? I think they are the lodge and riding school iirc.
For the legally knowledgeable what is the situation in receivership/ admin or bankruptcy, whichever applies here, for titles owned by the borrower but used as collateral first charge elsewhere to be blocked by the courts?'
The two properties are security against this loan and not with any P2P platform. They are not in the grounds I think you might mean the Westbury Castle loan.
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adrian77
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Post by adrian77 on Jan 13, 2018 10:56:14 GMT
I don't doubt the above so I wonder just how much the legal fees for the sharks lawyers will be whilst they milk this one. I am holding back on FS property loans until we see how this one actually ends up.
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stub8535
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Post by stub8535 on Jan 13, 2018 16:37:59 GMT
A different loan I think. 'Does the reference to 2 other properties refer to the ones where titles were used for loans on other platforms that sit within the grounds? I think they are the lodge and riding school iirc. For the legally knowledgeable what is the situation in receivership/ admin or bankruptcy, whichever applies here, for titles owned by the borrower but used as collateral first charge elsewhere to be blocked by the courts?' The two properties are security against this loan and not with any P2P platform. They are not in the grounds I think you might mean the Westbury Castle loan. You are right. Sorry. N Wales is not in Yorkshire! Oops.
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pier2pier
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Post by pier2pier on Jan 16, 2018 17:24:35 GMT
IN
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mikes1531
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Post by mikes1531 on Jan 16, 2018 19:44:50 GMT
IN pier2pier: Is there something in the above that I'm supposed to understand?
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pier2pier
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Post by pier2pier on Jan 16, 2018 21:03:32 GMT
Sorry, just getting some replies in
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