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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11129
Experience:  30 years experience in property law.
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I have a property that has been awarded as sole owner from

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I have a property that has been awarded as sole owner from April 2005 (I am not on the title register as owner) In 2009 the ownership came to dispute and a court found it is my house and always has been since April 2005.
During then the person on the title register took out a mortgage on it in 2007.
He then defaulted on it sometime in 2013. I can assume only Aug 2013.
Now in June 2013 he made himself bankrupt and sited the mortgage company as a creditor.
I have been told that when someone goes into Bankruptcy the debts are sort of wiped out.
My question is can the Mortgage company reposes the house knowing full well it is my property and the fact that my brother was in Bankruptcy before the decision to reposes was finalized in court?
Submitted: 3 years ago.
Category: Property Law
Expert:  JGM replied 3 years ago.
The mortgage company has a charge on the property, presumably granted by your brother when he claimed he owned the property. Now that the court has established that you are the owner, you may have to go to court to have the charge over the property withdrawn as it should presumably never have been put there to start with.

You should see a solicitor before the mortgage company repossess the property. Debts can be wiped out in a bankruptcy but a secured creditor can always sell the property they have security over so you have to do something about this before they decide to do so. It may be that they can be persuaded to voluntarily release the charge given the earlier ruling of the court. If not you may have to back to court.

Happy to discuss further but you will need the services of your own solicitor to deal with a case like this.
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