Hi Mumtomany and welcome to the forum.

Solicitors do undertake insolvency checks as a standard part of property transactions.

From what I'm reading, I'm not sure whether there is a problem for you here. Presumably you can evidence that you were discharged from sequestration and that the entire process has been completed?

What was said about your home when you became bankrupt? Was there any equity in the property that your trustee took an interest in?

I have not have anything to say that I have officially been discharged. My husband had a sequestration at the same time however my payments continued longer than his due to a tax rebate I didnt realise I had to declare. Our house was showing in negative equity when we entered into the sequestration so at that time there was no interest however it is now seeking with around £17,000 equity.

Can I suggest you take a look at the (online) register of insolvencies Mumtomany? You can read how to search for your details here:

https://www.trust-deed.co.uk/searching-the-register-of-insolvencies.html

My assumption is that you will have been discharged quite some time ago. If it happened a long while ago, you will not be on the register.

I'm thinking your solicitor is probably just being cautious that you're no longer subject to sequestration. This is to check that they don't have to send the proceeds to your (former) trustee. I'd be asking the solicitor about this directly as it might provide you with some reassurance. It's also their advice you'd want to rely upon if you were considering withdrawing from a sale.

I know that I would have discharged from the sequestration on the 28th of January 2016 but I have not had a formal discharge from the trustees. My husband received a letter in June of this year stating that the trustee had now discharged his bankruptcy. I think the trustees still need to submit my final accounts which should have been in August 2019.

So on the register there’s no listed trustee discharge date I’d imagine?

I cant find my entry on the register

I have managed to access the register. There is no date next to the trustees discharge as yet.

Thanks for checking and confirming this Mumtomany.

Hopefully Kevin, David, or Paul will be able to share a view when they next visit the forum. Their firms handle sequestrations, so they’ll have a better handle than I do on the intricacies of your current situation from a trustee perspective.

If I were you, I’d be calling my (former) trustee in the morning to get their take on this as well.

Mumtomany

I would recommend speaking with your trustee to ascertain the position. Notwithstanding your discharge the property may continue to vest. Family home can be a little complicated - if your trustee hasn’t outlined a proposal to you or your creditors then it can automatically revest back to you .

Most trustees under a sequestration will ask for a nominal payment in order for the trustee to relinquish the interest in the property .

Sequestration’s are slightly different from trust deeds.

Also bear in mind an inhibition registered over your name which prevents you from selling lasts for 3 years from date of sequestration unless your trustee has renewed it. This is one of the mechanisms a trustee has use to stop revesting back to you .

Apologies for sounding too technical

P

Paul is right, you would really need to check with your trustee to get a definitive answer as to whether they still hold an interest in your property. It is possible that they might but i very much suspect that they will have abandoned any interest some time ago.
Has your solicitor checked the Register of Inhibitions? If the inhibition wasnt renewed when it expired after 3 years then it is very likely that the property has revested in you, ie the trustee automatically no longer has any interest.