Bankrupcy on flat deeds

carter2929

My mum died in June and has left me her flat, which my son is going to purchase. There are 2 Bankrupcy Charges on the deeds which relates back to the builder in 1985 and 1986, this seems to be an insurmountable problem with my solicitor. I have contacted the biulder who says that this was all sorted out but dosnt have any paperwork. My solicitors latest idea is that the court records are checked, but 2 weeks in no joy. oh and also he says it is the Land Registry who are asking for this. Any help/ideas gratefully received:o

geoffky

find a proper solicitor...

Richard_Webster

Sue the solicitors who acted for your mother when she bought. What were they doing allowing these entries to be there when she bought?

carter2929

Thanks for advice Richard. I had thought about this but my Mother paid cash for the flat, would this make any differance, and if I sued them is it going to be a lenghthy thing that will cost me more than I can afforD?.
Should I be looking at a solicitor with expert skills>

Richard_Webster

It is difficult to know precisely what happened but e.g. if the title showed that the seller was bankrupt then the solicitor should have made sure that he dealt with the builder's trustee in bankruptcy or if was a company, its liquidator who then could have passed a good title.

The fact that it was a cash purchase shouldn't have made any difference.

carter2929

Thanks again Richard, could ask ask one more thing, does what you advise mean that I wont be able to sell to my son untill this is sorted out?. I feel my solicitor is unsure how to proceed because he has passed the file to their Head Office a "Fresh pair of eyes" he said. I am at my wits end as I do not understand what I am tlking about so dont feel I am asking the right questions. I have also been told that that the Land Registary have got tight on things in the last couple of years, is that right or are the soloicitors telling little lies!!!!!
Thanks Richard

Richard_Webster

Your son's solicitors will have to get everything right to satisfy his mortgage lenders as they will not want to be sued later by the lender.

It is difficult for me to make much more comment on this without seeing the wording of these entries and where they appear.