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Ash, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a property that has had a restriction placed on it by

Customer Question

I have a property that has had a restriction placed on it by the land registry when I was declared bankrupt in 2010. The trustee did not place any claim on the property with the land registry, I now what to sell the property but the land registry will not release the property because of the bankrupcy although I was discharged in 2011.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Have you asked the Trustee to remove the restriction please?
Customer: replied 2 years ago.

The trustee is not aware of the property

Expert:  Ash replied 2 years ago.
Ok, did you not declare it?
Customer: replied 2 years ago.

Someone else owned the property but the mortgage was in my name and I was on the deeds although I received no income from the property

Expert:  Ash replied 2 years ago.
This is going to be a problem then.

You are on the deeds and the mortgage is in your name and it therefore looks like you own it. The only person that can get the restriction off is the Trustee, so you need their consent. Otherwise you need a Court order to remove it.

The problem you have is that you didnt declare it. It is an asset in your name, on paper you own it.

Can I clarify anything for you about this today please?

Expert:  Ash replied 2 years ago.

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.