Debt review and your car or house: what actually happens?
"Will I lose my car or house under debt review?" It's the biggest fear clients bring me — here's what actually happens.
Question: Will I lose my car or house if I go under debt review?
This is probably one of the biggest fears people have. "If I go under debt review, will the bank take my house?" "Will they repossess my car?" Not simply because you entered debt review. Debt counselling is specifically intended to help over-indebted consumers deal with their debt obligations and avoid the financial crisis getting worse. A debt review can include credit agreements such as vehicle finance and home loans, depending on the circumstances and the status of the agreement.
But there is an important warning:
Debt review is not a magic shield against existing legal action.
The National Credit Act places limits on when a credit agreement can be brought into debt review. In particular, section 86(2) says an application cannot apply to a credit agreement where the credit provider has already proceeded with certain enforcement steps. That means: don't wait until the sheriff is at the door. If you're struggling with your car or home loan, get advice early.
What happens to the monthly payment?
A debt counsellor assesses your overall financial situation and works towards a repayment arrangement based on affordability. The objective is to make the overall debt burden more manageable while still paying creditors according to the approved arrangement.
What about your house?
There is an important rule when completing debt review. The NCR explains that a consumer can receive a clearance certificate once the short-term debts have been paid in full and, where there is a home loan, the home loan is up to date according to the debt-rearrangement arrangement. So your home loan needs particular attention.
What about your car?
The same principle applies: don't assume the car is automatically "safe" simply because you applied for debt review. The status of the vehicle agreement, your payment history and any legal enforcement already underway matter.
Related reading: Finished debt review but the flag is still showing? · Can I be declined for debt review?
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