How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ross Miller Your Own Question
Ross Miller
Ross Miller,
Category: Property Law
Satisfied Customers: 743
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
106205234
Type Your Property Law Question Here...
Ross Miller is online now

I have a legal question? UK. Citizens advice bureau

This answer was rated:

Hello I have a legal question?
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: Citizens advice bureau
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is ***** ***** I am a qualified lawyer happy to help you this evening.

Can you please confirm your question

Customer: replied 2 day ago.
Hi Jim,
I have a question regarding property and restrictions? Is this something you can help with?
Thanks
Alan

Hi, it is not my area but there are property lawyers on this site so I will opt out to let a colleague take over.

Thanks

Customer: replied 2 day ago.
Thanks

Hello my name is ***** ***** I may be able to help. Can you tell me what your question is please. Thank you.

Customer: replied 2 day ago.
Hi Ross,
I have just sold my property but i have a court date coming up tomorrow regarding debt. As the land registry won’t be changed for a few weeks. Can the county court add a restriction to my property as it is still technically on my name?
Thanks
Alan

If the property has sold then it is no longer yours event though it is still in your name. However, what the court will take into consideration is the proceeds from this sale. However, in rare circumstances, the court do have the power to put a security over the house in association with the dept which would mean that the property wouldn't be able to be sold. However, it would depend on the circumstances of the sale, the amount of debt owed etc.

Customer: replied 1 day ago.
initially the debt company had a restriction on my property but i had the matter set aside. Whilst it was set aside the restriction was removed so i sold my house Now the company have managed to secure a date to get the restriction put back on to the property based on them stating they were not aware of any set aside date. Obviously it will take a few weeks for Land registry to change this so technically it is in my name. The proceeds from the house sale are in my savings account. Is it a case of the courts now saying that it is a unsecured debt?

Not exactly, I can't obviously speak about what the action the court will take, however, I would be surprised if they intervened in any way with the sale of the house especially since you are in receipt of the proceeds from this sale. However, if the situation is that the deem you liable for any such sums of money, then they will perhaps make you pay this with the sale proceeds from this sale. I would be surprised if they did anything in relation to the actual sale of the house.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

Kind regards

Ross

Ross Miller,
Category: Property Law
Satisfied Customers: 743
Experience: Director (Litigation and Mediation) at Hilltop Solutions
Ross Miller and 2 other Property Law Specialists are ready to help you