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Search from solicitor

horizon2014
horizon2014 Posts: 4 Newbie
edited 17 March 2015 at 6:05PM in Bankruptcy & living with it
I was discharged in April 2009. I have recently been accepted by Halifax for a mortgage in principle. My credit rating is 999 and is squeaky clean with no sign of BR and no late payments.
I am going through a broker and I have said I was once BR from the start.

I have received forms from my solicitor and one of the questions is have you ever been bankrupt. I have said yes? is this likely to stop my application with Halifax?

I have also seen this on the halifax website:

The Bankruptcy question should be answered as yes if you have had a bankruptcy/IVA or Debt Relief Order within the last 6 years OR still have an outstanding Bankruptcy Restriction Order

Comments

  • if the question is asked "have you ever been bankrupt" then yes you have to answer truthfully (they will check no matter what you answer)

    it may make a difference who knows...have you spoke to your broker/solicitor? they should shed more light

    and for the record credit scores (your 999 one for example) are meaningless to lenders
    Not quite a newbie as you think ;);) (the member formally known as philnicandamy!)

    FINALLY a qualified CAB debt caseworker 2015..:p
    BSC 58 :D
  • Yes my broker has known from the start about my situation and has still gone through with the application
  • The solicitor will know now once they receive the forms. I assume nothing will come up on records though as it has falling off
  • Of course it will come up, they search the London Gazette where the information is held forever, which is why philnicandevan said they would find out even if you answered no they would still search the London Gazette and find out you were bankrupt. At least you have been honest and answered yes like you should of. Who knows if it will affect it, only time will tell?
  • kingstreet
    kingstreet Posts: 39,448 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the date of bankruptcy registration is more than six years ago, the broker has correctly answered no, IMHO.

    It isn't six years from date of discharge in this case. The actual question, just C&Ped from the Halifax online application system is;-
    Has any applicant been declared bankrupt, entered into an IVA or debt relief order within the last 6 years or still have an outstanding bankruptcy restriction order?

    So it should be answered accordingly.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • Yes Kingstreet, I agree with that question it can be answered no as its only asking in the last six years I was answering

    "I assume nothing will come up on records though as it has falling off "

    Well yes it will come up in he London Gazette, even after 6 years it will always show there. If all Halifax are worried about is within the last six years, then it shouldnt matter. I was just making a point that the records would still come up on the LG if it was ever searched.
  • We went BR same as you, April 2009 auto discharge. Nothing showed up on the solicitors search, they don't search the london gazette they just did a land registry search.

    We were honest with our broker, not 100% sure it was declared or not. We weren't asked by the solicitor if we had or not

    We are now in our new house!
  • 2kadmin
    2kadmin Posts: 54 Forumite
    In answer to the OP, assuming you are talking about a solicitors bankruptcy search (the one they charge you £2 for), this is in fact a land registry search. Everyone made BR has the details recorded, and the search only goes back 5 years. For your information the search is called a K16 search, so you should have anything to worry about. I don't understand people think conveyancing solicitors have the time or the inclination to search the Gazette!! My Gazette entry doesn't even include my DOB so they could never really prove it is me anyway!
  • BRB-79
    BRB-79 Posts: 23 Forumite
    Just had a paranoia moment about this as we are about to complete. Thanks for clarifying!
  • 2kadmin
    2kadmin Posts: 54 Forumite
    Your welcome, hope the move goes smoothly!
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