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Sale by mortgagee; registered proprietor bankrupt; unilateral notice
Sale by mortgagee; registered proprietor bankrupt; unilateral notice
Posted
Mon, 17 Feb 2025 21:57:15 GMT
by
Anna Roiser
I am considering bidding for a property being sold at auction by a mortgagee, but the title poses a number of issues.
The title includes a bankruptcy notice and a bankruptcy restriction. The restriction states that "No disposition of the registered estate is to be registered until the trustee in bankruptcy of the property of the bankrupt is registered as
proprietor of the registered estate". This is not the case, the registered proprietor remains the individual who went bankrupt and who charged the property. The charge which the mortgagee is enforcing predates the bankruptcy notice and restriction. Will the consent of the trustee in bankruptcy be required before a sale by the mortgagee is possible?
The title also includes a unilateral notice in respect of a pending land action for a property adjustment order. As this was registered in 2021 I suspect the financial remedy proceedings in the divorce are likely completed but this may not be the case. Even if they have not concluded, the subsequent bankruptcy of the registered proprietor in 2023 would lhave extinguished the possiblity of a property adjustment order being made. Therefore it seems likely that the pending land action does not relate to a live claim. How can the notice be removed without the co-operation of the registered proprietor or their former spouse? Alternatively if the pending land action does somehow remain alive, would it survive the sale by the mortgagee (I think it would?).
Title number EX437649
Thank you.
Title 40 Beach Road.pdf (84.7 KB)
Posted
Tue, 18 Feb 2025 07:49:12 GMT
by
Adam Hookway
Anna - it's legal advice you may need here but have a read of our PG 75 section 2 for guidance on how existing register entries are dealt with when a transfer by the mortgagee is taking place
Practice guide 75: transfer under a chargee's power of sale - GOV.UK
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