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Please telephone 0161 866 8999 for additional information

Manchester Conveyancing Solicitors Property Lawyers | Ford Banks Irwin Solicitors in Manchester on Fees for Selling / Buying a House / Flat / Apartment. 

 
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY

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Solicitors Fees for Selling / Buying a House / Apartment / Flat
 
Buying a House / Flat from Trustee in Bankruptcy / Administrator / Insolvency Practitioner 

We consider here the land registration issues and procedures whenever bankruptcy proceedings are undertaken against an individual. We consider the entries Land Registry will make when the debtor is a sole or joint registered proprietor, the nature and effect of a bankruptcy notice, a bankruptcy restriction and a form J restriction and the evidence required to remove those entries. We take into account the position of the Official Receiver and of a Trustee in Bankruptcy.

The Insolvency Act 1986 and Insolvency Rules 1986 came into force on 29th December 1986.

In this section:
Credit account means an account authorised by the Registrar under the current Land Registration Fee Order.
Day List means the computerised record of pending first registration applications, pending dealings applications and official searches with priority (the priority of which has not expired) kept under rule 12 Land Registration Rules 2003;
Debtor means an individual who is, or has been (whether or not the proceedings have been dismissed, withdrawn, annulled or rescinded and whether or not the person is or is not a bankrupt or discharged bankrupt) subject to bankruptcy proceedings under the Insolvency Act 1986
EA 2002 means the Enterprise Act 2002
IA 1986 means the Insolvency Act 1986
IR 1986 means the Insolvency Rules 1986
LCA 1972 means the Land Charges Act 1972


Bankruptcy Proceedings where the debtor is a sole registered proprietor

The bankruptcy process involves two stages:
- the bankruptcy petition to the Court for a bankruptcy order
- the bankruptcy order subsequently made by the Court

After the bankruptcy order is made a trustee in bankruptcy is appointed. The trustee will be either an authorised insolvency practitioner (sections 388 - 398 Insolvency Act 1996) or the Official Receiver.

When the appointment of the trustee in bankruptcy takes effect the bankrupt's estate (defined in section 283 Insolvency Act 1986) vests in the trustee automatically without any transfer (section 306 Insolvency Act 1986). That estate includes any registered Property or registered Mortgages that the bankrupt person owns for his or her own benefit. Property held by the bankrupt on trust for any other person is excluded (section 283(3)(a) Insolvency Act 1986).


Making of Bankruptcy Entries on the Property Deeds:

We will discuss in the section: Registration and cancellation of bankruptcy entries and official searches at the Land Charges Department, bankruptcy petitions and bankruptcy orders are registered at the Land Charges Department. This is whether or not it is known that the debtor owned Property and whether or not they own any registered Property or registered Mortgages.

The Registrar should, as soon as practicable after the registration of a bankruptcy petition at the Land Charges Department, register a bankruptcy notice against the title of a sole proprietor of any registered Property or Mortgage which appears to be affected (section 86(4) Land Registration Act 2002).

Where the debtor is a joint proprietor, bankruptcy notice and bankruptcy restrictions are never entered - see section: Bankruptcy proceedings where the debtor is a joint proprietor.

When a bankruptcy petition or a bankruptcy order is registered in the Land Charges Department, the department provides Land Registry Bankruptcy Unit with:
- details of the bankruptcy proceedings, which include the name of the debtor and details of the bankruptcy petition or bankruptcy order
- a list of title numbers which may be affected. This is taken from the index of proprietors names, which the Registrar is required to keep under rule 11 Land Registration Rules 2003. This shows the names of the proprietors of the Property and of any registered Mortgage together, in each case, with the title number is respect of the register of each title.

 

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers on Fees for Selling / Buying an Apartment / Flat / House 2)

Please telephone Paul on 0161 866 8999 if you require any further information.

                       
    

Contact Us

Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB


Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk

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Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors 
Pall Mall Court 
King Street
Manchester
M2 4PD

Tel: 0161 866 8574

 

Please telephone 0161 866 8999 for a free quote. 

   
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