Overindebted property investors – a fix without insolvency using Section 69

There are a lot of property investors who will see the ramp up of repossessions or insolvency of their current situation result in large losses occurring.

We hear from many clients that they plan to opt for personal insolvency, but in many instances this doesn’t need to be the case. If a person has five properties and one is a family home they could opt to sell the investment properties and have any losses accrued into a general shortfall where the settlement repayment plan is a compromised effort.

Compromised settlements will be a stock solution for a huge number of investors, but this doesn’t demand insolvency. In fact, Personal Insolvency (given that property ownership is required to opt for it) may not be anywhere near as popular as predicted because sales resulting in losses will mean the debt is unsecured.

There is still the family home, but banks have given an undertaking to help cut deals for family homes once unsecured debtors are taken care of first, that is what doing a Debt Settlement Arrangement is for, a Section 69 …

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