Benificial interest in my home please help

zbeebee

Thank you so much mouse wow there is a lot there strange hey how he told me that br law was so very different to family law and my benificial interest would be minimal if any due to not paying the mortgage ever. If it is deemed that I have half share we could keep the house I have contacted my bank and can get yet another home improvement loan!!! So I'm now waiting it out and will contact them tues. we checked land registry no charge on house or application do you know what the form was about that they sent me re last date 11 feb??? Or anyone??? Thank you again mouse the knowledge and kindness of people on here is amazing thank you x

debt_doctor

Well done Mouse.

zbeebee - Please, please make absolutely sure that the 3 year time period has expired AND that details of the house were on the bankruptcy forms at the time the bankruptcy Order was made.
Otherwise, a trustee has 3 years from when he became aware of the property.

DD

Mouse1812

zbeebee wrote: »

do you know what the form was about that they sent me re last date 11 feb??? Or anyone???

zbeebee wrote: »

The paper work they have sent at the start of the month was a notice to interested parties of s deelling house falling within section 283a rule 6.237 form 6.83 which states the last date under which I am able to serve this notice is 11 feb 2013. Does this mean the last fate they could do anything or we could do anything ?

The issue of Form 6.83 (Notice to interested parties of a dwelling house falling within section 283A) is a requirement of rule 6.237 and should be issued no later than 14 days from the end of the three year period.

If the last date was 11 Feb 2013 that implies to me your three year period expires on 25 Feb, not today (24) as originally thought. Do not rely on that and DO NOT call them to ask.

The IS “have considered the inter-relationship between section 283A and Rule 6.237 and in The Insolvency Service's view, provided one of the steps set out in section 283A(3) has been taken during the relevant period, the fact that no notice was issued within the time period does not affect the question of the vesting of the property. There is no indication in the statute that the issuing of the notice is a pre-condition of any sort which would affect the operation of section 283A(3).”

Source page 12 of this document

Basically I read that as saying rule 6.237 and Form 6.83 are legally redundant. It makes no difference and imposes no additional obligation on you.

zbeebee

Ok so I was totally out by a day how i could do that im not sure as it was not only br day but day we found out we were expecting the baby we never thought would happen naturally!! (sorry too much info but big bitter sweet day for us!) and now panicking all over again I won't be contacting them but I'm pretty sure that a letter will be arriving in the post so will keep you posted I'm sure we will end up in court and that petrifies me I can tell you. But again my heart felt thanks to you both for taking time out to offer help x

Mouse1812

Thinking of you, and please do update us when you can.

Don't worry too much about going to court if it does come to that. Have a read of this question on the consumer action group forum.

The Judge ruled that 50% of the beneficial interest vested in the trustee and ordered the sale of the property. After a valuation was obtained the trustee then wrote to the OP saying they would accept £5,000 in settlement, ie to avoid selling the house.

For you that would be a result, because it appears even if you do end up in court you may still be able to do the deal you want to. You just need the judge to rule that you have a 50% beneficial interest first, which from my above posts is doable.

zbeebee

Nothing to report yet I just need to know now though how long do they have to let us know what's happening?? I know they need to give me/us 14 days notice of court procedings but how long can they sit on the information?its Driving me crazy not knowing what we need to do!! Oh mouse you really are fab don't suppose you fancy a date in court do you hehe! Will keep you posted!

zbeebee

Ok so to the very knowledgable of you in here how long do we wait to contact them back still nothing no contact or paperwork I'm going slowly crazy here not knowing how long they have got to inform us on what they are doing help please x