This is not correct - the solicitors bankruptcy search will be undertaken from H M Land Registry as well, which will show that a restriction was placed which has now been removed. So far as I am aware, once that record has been marked the reference is there ad infinitum.
Really Melanie? That is something I was not aware of and actually quite a big deal. This suggests that there is an footprint of the IVA forever and not removed after the 6 years?
Very interesting if this is the case, although does it relate to bankruptcy only Mel ? if for both bankruptcy/IVA it means that anyone who is a homeowner going into an IVA will forever be penalised by this
Entries on the title deed remain forever and are merely struck through when expired or "removed". When the house is sold that entry goes with the house and doesn't remain personal to the individual. However, yes, you will be named there in perpetuity.
I should mention that it has been some while since I dealt with such matters and things might have changed with digitisation. But the object of Title Deeds are to give a whole history of the property in question.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Interesting that this may tarnish someone forever. Not something I was aware of either after years of posting on here!
Having gone through the scottish version of an iva (a protected trust deed), there are numerous occasions where I have been asked if I have ever been in an iva and have been careful to check if they also meant an insolvency event to prevent issues later on.
Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
It would take some determined digging to bring up a past IVA from an expired lodged restriction once the house had been sold on, and it's not a connection most would make as time passes.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Hi Foggy, do you know under which circumstances the title deed register can be checked? Is this public domain and open to anyone or just solicitors? Is there any way I as an individual can check my record?
Appreciate the point about once you move it may not be an issue, but surely it is the first move post IVA that will be the important one in terms of trying to secure credit.
To be honest Mole, I have no idea as to how these restrictions are worded on the Title. I have seen and read thousands of these things, but all prior to IVA's becoming so, for want of a better word, popular.
I must admit that I have never seen, or at least noticed a B/R restriction either. Again, many of the properties I dealt with were pre compulsory registration, with real Deeds, as opposed to a potted certificate.
If anybody has done a search it would be interesting to know how the charge appears.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Nutkins
Ah that really is good news! Would really appreciate you letting me know how it all goes! I will you too if and when we apply! We've got an appointment with a mortgage advisor on April 15th!!! If the house you want is still available then you may be just fine with your deposit and help to buy scheme!!
Hey,
Got some bad news today unfortunately. Woolwich came back and declined us on there initial search. However he believes it is down to my partners defaults maybe so we have sent him over our Credit Files in PDF for him to have a look. He did say he could investigate them and advise when we could re-apply but could not overturn the decision if it turned out to be something small. I am treating this as a positive as I am hoping I will at least have a way forward out of this.
Also Mike from Zebra has received our credit reports tonight as requested as is looking into them so maybe hope there.
Also spoke to Meridian Mortgages today who are useless and when questioning then on why the Nationwide for declined and Halifax they advised they did not check with Nationwide as Natwest was accepted so did not bother and also Halifax apparently advised they would accept us but for 65% LTV and not 75% so even though still would not have worked out they did not tell us this. I am really annoyed at them and wish I had never dealt with them but hey lesson learnt now
Will just wait and see what Woolwich and Mike come back with.
With regard to the extract of title, the ones you can get for £3 on the internet will only show you current registrations. To go back in time, you would need to make an application directly to H M Land Registry, and they would only release this information with the permission of the current proprietor - or in the case of a bankruptcy, the Trustee.
Don't read too much into this folks - no-one is going to really dig this far into your background without your knowledge.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by mole
It can be confusing and complex filing in these forms Irishrams. If I was asked "Had I ever been in an IVA?" I could easily misread this as, "Am I currently in an IVA?". And answer accordingly.
I find currently and ever quite clear, and would certainly now reread any clause contain the words\phrases IVA, insolvent,bankrupt, arrangement with creditors
I do hope something turns out for you Irishrams! Doesn't sound hopeful for us either then! I was hoping to put down 5 % on help to buy! Did they mention this? Are you not able to borrow on the help to buy scheme?
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Nutkins
I do hope something turns out for you Irishrams! Doesn't sound hopeful for us either then! I was hoping to put down 5 % on help to buy! Did they mention this? Are you not able to borrow on the help to buy scheme?
Update I have is not good. Woolwich declined us and the guy said likely to do with my partners defaults so we have sent him our credit files and he is checking for us. So you may be okay if it is just the IVA on yours.
