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Response to Final Settlement with Abbey
from Melody (mbc109@york.ac.uk)
I don't think it's actually as scary as that; it's just saying that
(a) if it was a joint mortgage then you paying up doesn't stop them
chasing the other party/parties to the mortgage, and (b) the amount
they are accepting in f&f relates to the debt as calculated *after*
the repossession and sale of your ex-property - in other words, you
can't now say "well you say you'll accept 5k, and you sold my house
for 50k, so you owe me 45k" (or whatever). The "heritable or
collateral" doesn't mean they can chase you any further, it just means
they are accepting whatever you have agreed to pay in f&f. If it was a
straightforward repo and shortfall, the security they held was your
house, which was collateral (ie - they had it in their hands). In some
situations the bank might have accepted something (probably property)
that you were going to inherit (heritable) at a future date as
security against a loan - you would have 'signed away your rights' to
the property. Again, the bit of legalese you quote would just mean in
that case that you can't come back and demand your rights to the
property back from them; full and final means neither party can later
pursue the other.
in short, the bank is simply protecting its own interests (surprise
surprise), but it is not in any way sinister.
Well done for getting rid of the parasites.
(posted 8252 days ago)
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