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 A BTL property returned after handing in keys ?
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jonny
Junior Member

United Kingdom
171 Posts

Posted - 10 February 2011 :  18:54:54  Show Profile  Reply with Quote
Hiya. Has anyone ever heard of someone discharged from bankruptcy after 12 months who had a BTL property 'returned' to them after say 2 years of handing the keys back & the property becoming part of the bankruptcy because the mortgage co wouldn't/couldn't/didn't sell the property? The reason I ask is that we handed our property back 26 months ago, have been discharged for nearly 12 months and the mortgagor has made no attempt to sell the property and there doesn't appear to have a tenant in it. The mortgage company initially appointed an LPA almost as soon as we handed back the keys but then dismissed them midway into our bankruptcy.Any advice would be greatly appreciated. We are currently being pursued by the Council for unpaid council tax for a period that followed our discharge. Ironically now we have shed a massive amount of personal debt through our bankrupcy we could afford to maintain mortgage payments and over time pay off the arrears etc as we both have decent salaries.
Sorry if this is a stupid Q that could never happen.

RHB
Senior Member

1159 Posts

Posted - 11 February 2011 :  14:58:07  Show Profile  Reply with Quote
Has it been offered back to you?

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dylan
Starting Member

United Kingdom
5 Posts

Posted - 11 February 2011 :  19:23:43  Show Profile  Reply with Quote
[quote]Originally posted by RHB

Has it been offered back to you?


[te]
No it hasn't but I don't think the mortgage co are doing anything with it- renting or up for sale after 26 months so just wondering if they can insist we take it back

jonny
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RHB
Senior Member

1159 Posts

Posted - 12 February 2011 :  13:02:06  Show Profile  Reply with Quote
I can't see how they could tbh.
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dylan
Starting Member

United Kingdom
5 Posts

Posted - 12 February 2011 :  15:48:54  Show Profile  Reply with Quote
quote:
Originally posted by RHB

I can't see how they could tbh.




thanks for reassurance..

jonny
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goatman
Starting Member

2 Posts

Posted - 13 February 2011 :  02:06:14  Show Profile  Reply with Quote
hi, I'm in a similar position, I included my mortgage for my own property in my bankruptcy, which was all fine, the bank tried to chase me for money as my mortgage was in joint names with my ex wife ( I told them quite firmly to get stufffed and that I would take legal action, the council also kept chasing me for money even though I had no access to the property as my ex wife changed the locks and cleared everything out, no one has lived there in over a year and I am now overseas, I did speak to the council and got a six month exemption but thats it, they say its tough luck I have to pay, I haven't heard anythingfor a while as they don't know where I am but I don't see how theyare able to ask for the money as I had moved and was paying council tax to a different council, the property is still up for sale through the ex wifes estate agent, who also incidently marketed it without my knowledge, I made it clear to the insolvency service I wanted nothing more to do with the property.

my understanding from their guidelines is that the property is transfered overto the reciever and all associated costs, this I feel includes council tax.

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