CP With mortagage

I have 3 credit cards owing about 13000, one loan owing 16000, and a line of credit owing 8500. i own a house 50% shared with my wife. Questions are
1. I have the account line of credit and mortgage with the same company. Will this have a bad impact on my mortgage.
2. Do i have to open a new bank account with a bank that i don’t have credit with.
3. i have 3 other credit cards with owning no balance. Do i have to close them too. As i cut out my cards and throw them away. Or i can just tell my trustee
4. Debt settlment or CP they will both be R7 on my credit file.

Posted from: Quebec

One Response to “CP With mortagage”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

There should be no real impact on the mortage. The mortgage is a secured debt, therefore it is treated differently than unsecured debts and a consumer proposal really will leave that mortgage alone.

In terms of your bank account, the rule is if you have any debt at a bank that has an amount that is being compromised in the proposal, you want to bank somewhere else. If you don’t owe anything to that institution you don’t have to open a new account.

All credit cards will need to be given to your trustee, he will return those cards and you should have no need to close those accounts. However, confirm this with your trustee as you discuss these accounts.

Finally, you are correct, both debt settlement and consumer proposals will result in an R7 listed with the credit bureau for 3 years from date of completion. The big difference is that the debt management plan has no guiding legislation so there is substantial risk and it is likely that all your creditors will refuse to cooperate with the debt settlement program (there is no legal protection like you will find in a proposal). This is different than in a propsoal as you don’t need unanimous consent from your creditors for it to work, the legislation stipulates wiht a consumer proposal you only need a majority.