Lisa Thomas wrote:Are you owed any money by her?
It's very hard to read your post in capital letters so sorry if you have already explained this but is there equity in the property (or was there at the time of the transfer?)
You could consider making her Bankrupt and the Trustee would have the power to overturn the transaction to her brother as a Transaction at an Undervalue.
Yes it might be a DMP. She entered into it without disclosing the full facts. Originally it was her mothers home. Her brother remortgaged it and took all the money. He put my ex on the deeds along with her mothers name for security. My ex paid 80% of the mortgage whilst we were married ( marital funds) and her mother contributed £20 from her Benefits.. I new something was not right but little did I know this was all planned to avoid HMRC and to aquire property using other peoples money i.e. my ex and me. I am sure he would have made us pay all the mortgage but the recession hit and so he paid the remaining 20% and had her transfer the house over (the sale price of which he never paid). So fraudulent recording with Land Registry.
They claim the amount recorded with land registry was a fictitious amount as to what its worth may have been. The funny thing is her brother once worked for the Land Registry so would be aware of false recording.
Once she sold /transferred the house to her brother, she then entered an IVA OR DMP.
She must not have told the truth about her property as one of her loans was with the same Bank as her mortgage. Surely they should have known she had equity in her property. Unscrupulously she transferred her house without the loan department finding out.
After our divorce I found out about the transfer and IVA/DMP. Once I questioned the loan and mortgage being with the same Bank then how could she have entered an IVA/DMP? Her Solicitor realised I had cottoned on and hence she was advised to quickly pay off that loan.
Surely this alone proves her guilt along with the no consideration and wrongful amount registered with Land Registry?
Her brother is a property investor and I have it on good authority by her brother in law she is now having to pay her brother rent.
He has formed a limited company and on his tax returns his rental properties are disclosed but no mention of rent or even ownership of my ex's house which he now owns along with her mothers name on it.
Her mother will leave her share to him hence he ends up with a property he took all the money out of then mortgage paid for by my ex and he will end up with the full title and undeclared rents paid. This is a strategy he learnt from a property seminar which he has meticulously executed without any regard for the law or anyone.
My ex and her brother are now trying to get my house or investment property as well.
It seems although fraudulent they seem to be able to get away with so much. That said, my ex has a highly sensitive post with the National Probation Service so holds a position of trust. She deals with serious cases as a P.A. and privy to personal data. Yet can get away with everything such as ruin peoples lives. Sorry I do not mean to drift off the IVA/DMP issue but just want to portray a clear picture. Even more sad and hard to express, we were expecting a baby but after 17 weeks I believe her brother and sister in law talked her out of it. She had a termination. This was because they knew once born they would find it very difficult if not possible to have her house transferred. Sorry to be so long winded but how come people like these can along with their lawyers use insolvency to get away with breaking the law and no recourse.
Please can you elaborate on making her Bankrupt and how to go about it. I would like the house to be transferred back so that a fair out come can be made.
Do not hold much hope.