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Restriction on title deeds
buzby999
Posts: 45 Forumite
Hi
I went bankrupt in May 2013. At the time a restriction was placed on my title deeds. They are joint, in mine and my husband's name. The trustee contacted me last year and was satisfied that the property would not make any equity on sale. He also said that he would lift the restriction shortly. I've just checked with the land registry and the restrictiction was placed in July 2013 and is still there.
I have had an offer from a neighbour for the house. It only clears my mortgage and we won't walk away with anything. I have lived next to these people for 9 years and don't really want them to know about my insolvency. Should the restriction be lifted 3 years from bankruptcy or 3 years from when it was placed?
I have a feeling they will want to move fast on this sale. Any suggestions?
I went bankrupt in May 2013. At the time a restriction was placed on my title deeds. They are joint, in mine and my husband's name. The trustee contacted me last year and was satisfied that the property would not make any equity on sale. He also said that he would lift the restriction shortly. I've just checked with the land registry and the restrictiction was placed in July 2013 and is still there.
I have had an offer from a neighbour for the house. It only clears my mortgage and we won't walk away with anything. I have lived next to these people for 9 years and don't really want them to know about my insolvency. Should the restriction be lifted 3 years from bankruptcy or 3 years from when it was placed?
I have a feeling they will want to move fast on this sale. Any suggestions?
0
Comments
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Hi,
Apply to the Land Registry yorself to have the restrictions removed.
It is common place for the trustee in bankruptcy/ OR to 'forget' about such charges and just leave them in place.
EDIT; the restriction runs from when the trustee became aware of the property - if the property was on your BR forms then 3 years from being made bankrupt.
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
Thank you Debt Doctor. Is it possible that the trustee only became aware in the July then? Meaning I would have to wait until next month to remove the restriction, which would mean I would have to delay the house sale if I didn't want the new purchaser to be aware?0
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I definitely declared everything when I declared bankruptcy though, so I think apply anyway ��0
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They were a bit slow with their restriction!
I see it (from what you say) as from the date of your bankruptcy order.
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
I'm happy to write that I contacted The Insolvency Service and they did it for me, within hours. I'm delighted :-)0
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Good news!
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0
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