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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3497
Experience:  Two years conveyancing experience.
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Another question. I own a property with my brother 50/50 We

Customer Question

Another question.
I own a property with my brother 50/50
We have a joint mortgage on the property.
In May last year he put himself in Bankruptcy to avoid a pending very large court fine.
He used the entire amount 100% of the Mortgage to achieve the bankrupt basis and the liquidator has accepted this debt.
My question is what happens about the Mortgage now?
Also he did exactly the same thing with the council tax. and I had a previous question on here that stated the council can not chase me for this debt anymore as it is in bankruptcy. I have stated this to the council and have refused to answer my query in writing. I have put a complaint in and the complaint came back that i would have to deal with the relevant department.except the department is refusing to discuss the matter and they have instructed bailiffs.
My question is what can I do now? do i have to approach the court.
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Does the council tax relate to the property you own 50/50 - if so you are jointly and severally liable for it.

In relation to the mortgage, if you keep servicing it, then the mortgage company are unlikely to seek possession. You could approach the trustee and perhaps look to buy your brothers share of the property from the estate in bankruptcy.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Yes the council tax is on that property but I asked this question before and the answer was that because my brother has used the whole of the debt for council tax (Not just his own) it becomes under the bankruptcy thus unenforceable against myself.


 


as to the mortgage I am thinking of paying it all off but again if it has in its entirety been put into the bankruptcy then again does this not become the responsibility of the bankruptcy?


Thanks


 


 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Are the demands for council tax solely in his name?

The mortgage is different because it is secured against the property. If the bank are not repaid then they will just enforce their rights to sell the property. Therefore someone has to take responsibility for repaying the mortgage if you want to keep the property.

Kind regards

AJ
Customer: replied 2 years ago.

The names on the papers are wrong they have a mix of my name and my brothers.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Were you actually living at the property? Have you ever lived there?

Did your brother ever live there?

Kind regards

AJ

P.S I have to log off briefly but will be back online tonight.
Customer: replied 2 years ago.

I have never lived there and my brother did up to roughly mid 2010 house been empty since then.

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

In which case you won't be liable for the council tax.

There is a local Government Ombudsman against which you can make complaints - www.lgo.org.uk

If the council won't correspond with you then you should make a complaint here.

I look forward to hearing from you

Kind regards

AJ

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