Removing a Bankruptcy Notice From Land Registry Title

GazzaE

Hi I am currently in the middle of selling my property and it has come to my attention that the below notice is against my property, and that it needs to be removed in order to complete my sale. I`m worried that the buyer will pull out if not removed urgently. I have no idea what it is about as I have never been made bankrupt, and have no idea where to start or who to contact to get this sorted. My current conveyancing solicitor has said I need to contact an insolvency solicitor, but am reluctant to give out even more money to solicitors if I don`t really have to, especially if it should not even be there! 

 (19.07.2018) BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action, as the title of the proprietor of the registered estate appears to be affected by a petition in bankruptcy against .......... presented in the County Court at Central London (Court Reference Number ...... of 2018 ) (Land Charges Reference Number .............. )

SDLT_Geek

GazzaE said:

Hi I am currently in the middle of selling my property and it has come to my attention that the below notice is against my property, and that it needs to be removed in order to complete my sale. I`m worried that the buyer will pull out if not removed urgently. I have no idea what it is about as I have never been made bankrupt, and have no idea where to start or who to contact to get this sorted. My current conveyancing solicitor has said I need to contact an insolvency solicitor, but am reluctant to give out even more money to solicitors if I don`t really have to, especially if it should not even be there! 

 (19.07.2018) BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action, as the title of the proprietor of the registered estate appears to be affected by a petition in bankruptcy against .......... presented in the County Court at Central London (Court Reference Number ...... of 2018 ) (Land Charges Reference Number .............. )

I wonder if 19 July 2018 was the date the transfer of the property to you was registered?  If so, here is a theory:

• You bought the property which previously had an unregistered title.
• Therefore part of the title investigation would have involved a search of the land charges register against the name of your seller and perhaps previous owners.
• That search threw up an entry against one of the names searched about a pending action.
• For some reason no certificate was given that the entry did not apply to the property.
• Therefore the Land Registry made this entry when they registered your title.
• No one spotted the entry until now.

Does my theory fit the facts?

GazzaE

SDLT_Geek said:

I wonder if 19 July 2018 was the date the transfer of the property to you was registered?  If so, here is a theory:

• You bought the property which previously had an unregistered title.
• Therefore part of the title investigation would have involved a search of the land charges register against the name of your seller and perhaps previous owners.
• That search threw up an entry against one of the names searched about a pending action.
• For some reason no certificate was given that the entry did not apply to the property.
• Therefore the Land Registry made this entry when they registered your title.
• No one spotted the entry until now.

Does my theory fit the facts?

No the notice has my name on it, so it is definitely referring to me, and that date is not when I purchased the property which was around 2000

silvercar

Paging @Land_Registry

Land_Registry

silvercar said:

Paging @Land_Registry

I would suggest referring your conveyancer to our Personal insolvency (PG34) - GOV.UK which explains how to apply to cancel bankruptcy entries such as a restriction
There is a process to follow both with regards how bankruptcy proceedings are dealt with by the court and how such matters are then protected inc on the land register. When a named individual is declared bankrupt by the court searches are carried out to identify whether than named person owns registered property for example. 
Note that the restriction refers to 'appears to be affected' as often such entries are made against titles owned by someone with the same name and at the time notices are served on the registered name and address to advise then of same and what they can do as appropriate.
So it seems that you didn't receive such a notice in 2018 so have only now found out the restriction has been registered. Follow the guidance linked to and make an application to cancel as appropriate

SeppyPepe956

I am just joining this thread as the same thing has happened to me.  A bankruptcy notice is showing on my title deeds (discovered when trying to sell my house).  It is 6+ years old and it is for someone of the same name but never should have involved me.  It had nothing to do with me.  I can’t find out how to get it removed and quickly!  Dead ends and no replies and you can’t talk to anyone.  Please help.  It could affect the sale

Land_Registry

SeppyPepe956 said:

I am just joining this thread as the same thing has happened to me.  A bankruptcy notice is showing on my title deeds (discovered when trying to sell my house).  It is 6+ years old and it is for someone of the same name but never should have involved me.  It had nothing to do with me.  I can’t find out how to get it removed and quickly!  Dead ends and no replies and you can’t talk to anyone.  Please help.  It could affect the sale

See our PG 34 section 3 for guidance on how to deal with such matters - Personal insolvency (PG34) - GOV.UK
If you are selling I would recommend speaking to your conveyancer to assist with dealing with the matter

carolinemila

GazzaE said:

Hi I am currently in the middle of selling my property and it has come to my attention that the below notice is against my property, and that it needs to be removed in order to complete my sale. I`m worried that the buyer will pull out if not removed urgently. I have no idea what it is about as I have never been made bankrupt, and have no idea where to start or who to contact to get this sorted. My current conveyancing solicitor has said I need to contact an insolvency solicitor, but am reluctant to give out even more money to solicitors if I don`t really have to, especially if it should not even be there! 

 (19.07.2018) BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action, as the title of the proprietor of the registered estate appears to be affected by a petition in bankruptcy against .......... presented in the County Court at Central London (Court Reference Number ...... of 2018 ) (Land Charges Reference Number .............. )

Hi, can I ask if this was solved and what did you do / how long it took to sort? I am now in the same position and the notice says the same as yours - but dates back to 2011. I’m panicking about the sale of the house now. My conveyancer said it’s not something she can help with as she spoke to the Land Registry and suggests I call the high courts which I’m getting no where with. Another solicitor said the conveyancer should be the one dealing with it or I can see if the buyers solicitor can help. Please let me know any advice. Thanks