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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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my.wife.was.made.bankrupt.and.we.lost.the.house.i.was.not.

Customer Question

my.wife.was.made.bankrupt.and.we.lost.the.house.i.was.not.involed.in.the.bank.rupt.but.i.was.not.aloud.to.go.to.the.crediters.meetings.even.when.i.was.acrediter.iwas.owed.money.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Claire and I shall do my best to help you but I need some further information first.
When was your wife made bankrupt and when did you vacate the house?
How much was the house worth and how much was outstanding on the mortgage?
Claire
Customer: replied 3 years ago.

t..ihe.house.was..worth..600.thousand.pound..i.think.it.wa s.2.years.now..iput.the.house.up.for.sale..with.an.and.the.bank.the.agent..and.bank.another.agent.who.sold.it.for.300.hundredthousand..and.did.not.ask.me.when.the.house.was.sold.the.bank.sent.alady.to.order.us.out.we.were.then.homeless

Expert:  Clare replied 3 years ago.
Hi
So when did the sale take place?
Claire
Customer: replied 3 years ago.

when.they.put.us.out.they.wanted.me.tosigne.some.paper.work.which.i.refused.and.inever.got.one.pennys.worth.of.help

Customer: replied 3 years ago.

while.we.werein.the.house.lad y.from.bank.came.every.day.to.move.ormake.me.move.quickly.but.i.am.disabled.so.it.takes.me.a.bit.longer..but.while.i.was.there.there.was.abuilder.there.everyday.which.was.abit.scary.he.whatch.every.thing.we.did.the.estate.people.gave.him.a.key

Expert:  Clare replied 3 years ago.
Hi
When did you move out?
Claire
Customer: replied 3 years ago.

i.moved.out.march.2011

Expert:  Clare replied 3 years ago.
Hi
When was the property sold?
Claire
Customer: replied 3 years ago.

march.2011.about.aweek.before.we.were.moved.out

Expert:  Clare replied 3 years ago.
Hi
Do you have any evidence of the correct valuation?
Claire
Customer: replied 3 years ago.

yes.i.do.iieven.had.to.pay.for.areport.on.the.house.i.think.it.was.one..that.they.do.for.heat.lose..which.cost..me.800.pounds

Expert:  Clare replied 3 years ago.
Hi
How much was outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

350.thousand.but.the.bank.took.me.off.the..mortgage.the.said.it.was,easy.just.to.deal.whith.one.so.all.my..money.iput.in.had..gone.in.one.stoke

Expert:  Clare replied 3 years ago.
Hi
What action have you taken so far?
Clare
Customer: replied 3 years ago.

none.i.do.not.now.what.yo.do.i.am.cluching.at.strawes.at.this.time

Expert:  Clare replied 3 years ago.
Hi
Just so that I understand (your use of full stops - whilst understandable - makes it a little confusing)
You and your wife owned a property.
Your wife went bankrupt and the house was repossessed.
The house was sold for £300,000 - the mortgage was £350,000 and you beleive the property was in fact worth £600,000 - is that correct?
Clare
Customer: replied 3 years ago.

yes.that.is.correct.but.iwas.told.my..name.is.still.onthe.landregester

Expert:  Clare replied 3 years ago.
Hi
Have you checked that for yourself?
Clare
Customer: replied 3 years ago.

no but.i.keep.geting.the.rates.bill.the.rates.said.my.name.is.and.as.far.as.they.are.concernd.iam.the.owner.and.been.find.for.nonepayment.and.now.supose.to..ow.them.afew.....

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Expert:  Clare replied 3 years ago.
Hi
Has there ever been a completion statement form the sale?
Have you asked the Trustee in Bankruptcy for one?
Clare
Customer: replied 3 years ago.

no.ihavenot.as.isaid.they.didnot.letme.in.to.creditors.meetings.even.when.idrove.to.manchester.to.go.in.they.saidthey.whoud.sort.it.for.me

Expert:  Clare replied 3 years ago.
Hi
When was the last meeting?
Clare
Customer: replied 3 years ago.

beforewe.moved.out.ihad.to.take.keys.toestate.agent.in.liverpool.not.to.the.one.who.sold.it.cheap

Expert:  Clare replied 3 years ago.
Hi
When was that?
Clare
Customer: replied 3 years ago.

march.2011.we.have.not.herd.athing.i.still.bank.with.them

Expert:  Clare replied 3 years ago.
Hi
Right
So the property was re-possessed in 2011 and you have not received any account of the Proceeds of Sale since then - either from the Trustee in Bankruptcy or the Mortgage Company.
Have you checked at the Land Registry to see when it was sold and for how much?
Clare
Customer: replied 3 years ago.

no.iam.liveing.on.my.old.age/pension.so.every.penny.counts.ithink.they.would.want.me.to.pay.for.it.at.what.cost

Expert:  Clare replied 3 years ago.
Hi
May I just check are you and your wife still together
Clare
Customer: replied 3 years ago.

yes.but.we.live.seperate.in.the.house.and.she.has.not.heared.any.thing

Expert:  Clare replied 3 years ago.
Hi
As a starting point you need to spend £3 and get a copy of the land Registry Documentation =
http://www.landregistry.gov.uk/public/online-services
Once you hav ethis it will tell you who owns the property and how much was paid for it
Once you have these details you can write to the Trustee in Bankruptcy and ask for a full accounting of the Sale and what happened to the proceeds - as well as an explanation of why the lower price was accepted.
If their explanation is not sufficient and you can prove that it was sold for undervalue then you may have a claim against the Trustee
I hope that this is of assistance - please ask if you need further details
Clare

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