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 Do I need a Solicitor
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debtrider
Junior Member

494 Posts

Posted - 13 December 2009 :  19:57:33  Show Profile  Reply with Quote
Having sent the agreed fee to the OR to purchase the beneficial interest in my home after bankruptcy 14 months ago. I have received a letter from the solicitor acting on behalf of the OR asking for my solicitors details.

The letter states: As the property owner, both the legal and beneficial interest vest with the official receiver. You therefore require the services of a solicitor to obtain the consent of the mortgagee, deal with the completion and submission of the stamp duty and tax return and register the Transfer at the Land Registry. Until registration of the transfer the property will remain vested with the official receiver and the legal formalities not concluded.

If you intend to act for yourself, please note that you are responsible for the matters set out in this paragraph. As we act for the official receiver only, we are not able to advise you on the implications of any of any documents we send you, nor assist you in carrying out any steps outlined above.

Do I really need the services of a solicitor? I must admit I do not fully understand the implications of all this and thought it would be more straightforward. It also states that I need the consent of the mortgagee, can they refuse? I am up to date with my mortgage repayments and want to stay in my home, that is why I have paid the beneficial interest.

I know this may be a complex question to answer and hope that someone may be able to give me some guidelines with the matter.

debtrider

chester2005
Average Member



United Kingdom
786 Posts

Posted - 13 December 2009 :  23:04:43  Show Profile  Reply with Quote
if you are the only person on the mortgage and deeds then it is different from a joint situation were one partner buys the others BI
in a single owner situation there is the legal title to get involved with
i would recommend having a chat with Paul Johns at RevivaUK, he will be able to definitively tell you whether you need a solicitor or whether one of his team can assist you


Dave

Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurman)
RevivaUK helped me through it all i can't recommend them enough!!
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debtrider
Junior Member

494 Posts

Posted - 13 December 2009 :  23:23:12  Show Profile  Reply with Quote
Hi Chester2005

Paul Johns of Reviva UK has been helping me since i went bankrupt in October 2008 and has given me great help and support. He told me that I would not need a solicitor, but since receiving his letter I am worrying again, maybe unduly. I have left Paul a message about this and now waiting to hear from him. I am sure everything will be OK.Just wanted to get some reactions from forum members on this one so i can my mind at rest until I hear from Paul.

Debtrider
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Crockett
New Member

68 Posts

Posted - 14 December 2009 :  09:46:45  Show Profile  Reply with Quote
Hi,

I went through the same as my home was solely owned property and I have to say I used a solicitor. It cost about £300 plus the fee to do the transfer at the land registry which was about £50. It is a far more complicated process than with a jointly owned property and in my opinion one you should use a solicitor for, but like I say this is just my experience/opinion.
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Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 14 December 2009 :  10:30:00  Show Profile  Reply with Quote
Hi Debtfree Debtrider

just sent you a text

speak soon

Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com

Real People ..... Real Debt Solutions
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