Bankruptcy search before completion

sultanabran

I'm not and have never been bankrupt. I was however in a Scottish Trust Deed in 2010. I have an agreement in principle on a mortgage but I'm now concerned if I go ahead and get to the exchange/completion stage, the bankruptcy search will throw up my discharged TD and the lender will withdraw the offer. Which would obviously be a disaster at that point in the process.

I'm finding it difficult to find anything concrete on this as most of the information I can find is to do with actual bankruptcies in England & Wales where i believe a form K16 is used. I'm not sure if the same process/form is used in Scotland.

da_rule

Where are you buying? (England/Wales or Scotland etc).

You can search the insolvency register here: https://www.gov.uk/search-bankruptcy-insolvency-register and there's links at the bottom of the page for Scotland.

As you say, the Land Registry will search the land charges database in England and Wales for details of bankruptcy. You applymusing for K16 (https://www.gov.uk/government/publications/bankruptcy-official-search-application-k16), it costs about £2 per name if my memory serves me right. It might be worth doing just to clear your mind.

sultanabran

I'm buying in Scotland.

So I'm assuming they won't use form K16. If I search with my name and address, nothing shows. If I search by name only, then it does.

AdrianC

Surely the usual rule of thumb applies?

Give them the full information in advance.
If it doesn't make a difference, then there's no harm in them knowing.
If it DOES makes a difference, then it's better you find out early...