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Bankrupt ex including house sale

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  • silvercar
    silvercar Posts: 49,981 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I am wondering if it was actually the Trustee that took action to sell the property or whether the mortgage took possession action from non payment of the mortgage?

    If the date of bankruptcy was sometime in 2009. Action should have been taken in 2012, which makes a sale in 2016 odd.
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  • That's what I find odd too. It states online it has to be dealt with within 3 years. I am aware that he moved out then declared himself bankrupt. Could it be that his share was sold to someone else therefore putting a delay on it being gaols but either way the mortgage and secured loans would have to have been settled surely? I am not sure under what circumstance the form j restriction would be lifted. I have managed to source (from my friend who is lisaing with him) the official letter from the insolvency service and a notice to interested parties of a dwelling house falling within section 283A of the insolvency act. It states my name second on the list of notified people followed by 2 loan companies and the mortgage company. It states the last date under which they are able to serve this notice is 1 April 2012. I purchased the house in 2003, bankruptcy was in 2009, house sold in 2016.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The Trustee may have taken action just prior to the 3 year time limit by applying for and obtaining a Charging Order and then later applied for an Order for Sale in 2016.
    DD
    Debt 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 ***
  • So throughout all of this process there is no way that I could have been removed from the deeds as joint owner? I'm more bothered that this has all been done without my knowledge but very interested to know that there may be some unexpected money coming to me.
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