Should previous bankruptcy notice have been removed from property?

by Readers Question

8:41 AM, 14th January 2019, 7 years ago 3

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Landlord News Landlords Questions

I bought a house with my now ex-partner in 2008 and I am now in the process of remortgaging in order to take my ex-partner off the mortgage deeds.

My now solicitor has carried out a land registry search and informed me of a male in 2007 that declared himself bankrupt from my property address. They told me they can’t believe my then solicitor was aloud to complete the sale without removing it first.

This is the first I have been made aware of this and until this is corrected I cannot take my remortgage any further.

I have called my previous solicitor several times and every time the receptionist tells me the solicitor will call me back, but I received no emails or calls in return. Is this true ? My solicitor should have had this removed or made me aware of this?

Any advice would be greatly appreciated.

Thanks guys

Louise

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Comments

Neil Patterson Read Full Bio

Member Since February 2011 - Comments: 3454 - Articles: 286

9:12 AM, 14th January 2019, About 7 years ago

Hi Louise,

The key question to ask here is if there was at the time of purchase or still is a Bankruptcy restriction. It may have been lifted allowing you to purchase, but the solicitor need to get back to you with the information.

I would advice putting your request in writing email and letter marked urgent and if you get no responce make a formal complaint to the law society.

However, it is worth clarifying that exact current position with your new solicitor asap.

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Lois White

Member Since January 2019 - Comments: 1

6:31 PM, 14th January 2019, About 7 years ago

Reply to the comment left by Neil Patterson at 14/01/2019 – 09:12
Thank you Neil,

And yes there was and still is a bankruptcy attached to my property from 2007 this has not been lifted I am confused as to why I was allowed to buy the house in 2008 with out it being lifted and now in 2019 I have to have it removed in order for me to remortgage ?

I have written an email to the senior partner he has replied to inform me he will look into it.

Thank you for your advice once again 😉

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Member Since August 2015 - Comments: 226

8:09 PM, 14th January 2019, About 7 years ago

Ask your present solicitor resolve this with your previous solicitor.

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