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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

The Courts in the UK have very wide powers in disclaiming transactions

Resolved Question:

The Courts in the UK have very wide powers in disclaiming transactions that were effected to try and avoid the enforcement of debts owed. If your creditors get judgement in this Country then they would be entitled to apply for an Court order to regain possesoin of the legal title and then an order for sale/charging order. They would be able to seek to claim their legal costs for the application from you.

CAN YOU EXPLAIN TO ME HOW THE SPANISH BANKS CAN APPLY FOR A COURT ORDER TO REGAIN POSSESSION OF LEGAL TITLE PLEASE? ALSO IF THE UK PROPERTY IS IN SOMEONE ELSE'S NAME THEN HOW WOULD THEY BE ABLE TO OBTAIN MONEY FROM ME THROUGH THIS PROPERTY? I DO NOT HAVE ANYTHING ACTUALLY PENDING, THIS MAY BE A YEAR OR SO THAT I MAY NOT BE ABLE TO PAY AND HAVE MY SPANISH PROPERTY REPOSSESSED, I AM FULLY UP TO DATE WITH PAYMENTS SO FAR. HOW CAN THE UK COURTS KNOW MY INTENTIONS OR THE REASONS BEHIND IT IF IT HASN'T HAPPENED YET? SURELY IF IN 12 MONTHS TIME THEY ARE NOTIFIED OF MY POSITION IN SPAIN, THEY AREN'T ABLE TO DISCLAIM THAT MY CHANGE OF OWNERSHIP WAS INTENTIONAL AVOID THIS?





If you have a mortgage on the property hen you would also not be able to transfer it to your brother's name without their consent this would not be forthcoming unless he was also prepared to be named on the mortgage.

WHO IS "THEIR" AS IN "WITHOUT THEIR CONSENT"? IF HE COULD PROVE HE COULD PAY THE MORTGAGE THEN WOULD THE BANK ACCEPT THIS OR WOULD HE HAVE TO APPLY FOR A MORTGAGE AND START FROM SCRATCH? WHAT ABOUT A DEED OF GIFT? IS THIS ONLY ABLE IF THERE IS NO MORTGAGE?

MANY THANKS,
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

The Spanish company would first have to issue a claim against you for the monies owing. Once judgement is obtained they would then have to enforce it against you and your assets, this could include registering a charge against your property or an order for sale and could also result in their making investigations in to whether you have effectively defrauded them by siphoning off your assets to trusted persons so that they cannot enforce their debt against it.

 

I presume that your brother would not be paying full market value if any for the transfer, if this is the case then it is fairly obvious that the transaction is one at an undervalue which in effect defrauds your creditor. The prices listed in the transfer deed are recorded on the land registry title to each property so they could easily find out.

 

The 'consent' I was referring to is the consent of the lender who provided you with your mortgage (if you have one on the UK property). No transfer can be registered at the land registry without this.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.

 

What about "deed of gift"? How does that work? Is it only possible if there is no mortgage?

Expert:  Thomas replied 4 years ago.

Yes, a mortgage are a first legal charge. over the property. This means very little can be done with the registered title of the property without their consent, certainly nothing relating to the ownership of it.

 

There really isn't a way around it I'm afraid and your best option is to engage with the Spanish lender on the issue to try and resolve any arrears issue that arises.

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice