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Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 9043
Experience:  LLB(HONS) Over 20 years legal experience specialising in Property law and Wills/Estates
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Will bankruptcy from 9 years ago show up on a conveyancing

Resolved Question:

Will bankruptcy from 9 years ago show up on a conveyancing search? No property was owned when declared bankrupt
Submitted: 1 year ago.
Category: UK Law
Expert:  Aston Lawyer replied 1 year ago.

Aston Lawyer :

Hi there,

Aston Lawyer :

Thanks for your enquiry.

Aston Lawyer :

I trust that you are now buying a Property with the aid of a Mortgage?

Aston Lawyer :

I look forward to hearing from you

Aston Lawyer :

AL

Customer: Hi
Customer: hi. It is my intention but I won't proceed if there is going to be an issue. The land registry info is a little confusing!
Customer: My credit rating is fine and I was not a property owner in 2004 and haven't tried to purchase as yet.
Customer: ?
Expert:  Aston Lawyer replied 1 year ago.

 

Hi again,

 

Thanks for your reply.

 

Well, provided you have been discharged from your Bankruptcy, then the B Search will not reveal any of your details. The Bankruptcy search done by your Solicitor only shows current Bankruptcy affected people.

 

Having said this, I would still shop around and check that you will be OK for a Mortgage- Banks and B Society's do a credit check, rather than a Bankruptcy search. I do note however that you have a good credit rating, so you shouldn't have any problems.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

Customer: replied 1 year ago.
Hi AlThere is no record on the insolvency register and I currently have credit. What will show up on the conveyancing search please?It appears a search has already taken place for the agreement in principal and it was agreed. It is the solicitor search I am unclear of and don't want to get caught out at the last minute. Can I search myself the same way a solicitor would with a k16? (Is that the conveyancing process?) to be sure? I would like to be 100% clear before proceeding.Thanks
Expert:  Aston Lawyer replied 1 year ago.

 

Hi again,

 

The Conveyancing Bankruptcy search reveals only existing Bankruptcy cases or orders.

 

From a personal point of view, what I do is carry out the Bankruptcy search, and if there are any entries with the surname of my client, I then go on the Insolvency website to firstly check if the entry is indeed my client, and if it is, to check the full details.

 

You therefore have nothing to worry about!

 

Kind Regards

AL

Customer: replied 1 year ago.
Hi Al

So I can safely answer no to ever being declared bankrupt on the mortgage application? I found a horror story on the Internet where something came up on the solicitor search and the mortgage was pulled just before completion. Ouch. Do I need to advise anyone? Also will if definitely have come off the land registry at 5 years? Although how would it have been recorded given that I was not a property owner at the time?
Expert:  Aston Lawyer replied 1 year ago.

 

Hi,

 

No- you will still have to declare it on the Mortgage application (as I have said, the Banks carry out different credit checks to us Solicitors, and you therefore need to be honest).

 

I am not sure which Land Registry document you are referring to? As you say, a Bankruptcy notice is only ever registered against a property that the Bankrupt owns, so if you have never owned a property, the Land Registry shouldn't have any records, and your Solicitor would not carry out a general Land Registry search to see if you have ever been made bankrupt.

 

Kind Regards

AL

Customer: replied 1 year ago.
Hi Al

Ah so I need to understand the bank credit checks and where they will look. I want to be a step ahead and see what they will see first. Is it something more than the credit file? I simply don't want to waste my time. I applied for a mortgage 2 years ago and wasn't asked about bankruptcy in the past and was given an offer.

Could you advise me as to where and who I can ask about the lender mortgage searches please?

Thanks for your help-its much appreciated
Expert:  Aston Lawyer replied 1 year ago.

 

Hi there,

 

Thanks.

 

As I am not a Mortgage broker, I don't honestly know exactly what other records Banks have, other than doing the standard credit history check. If you were granted a Mortgage 2 years ago, that implies to me that any Bank would grant you a Mortgage now.

 

However, what I would suggest is that you phone up one or two Mortgage brokers for an initial chat (they will do this free of charge as they will want your business) and find out from them.

 

I hope this assists and good luck!

 

Kind Regards

AL

Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 9043
Experience: LLB(HONS) Over 20 years legal experience specialising in Property law and Wills/Estates
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