Has anyone's solicitor ever brought up a found TRust Deed on the bankruptcy search before completion of a house sale ?
I wondered this too. I know you fall of the public ROI search a year after your trustee's discharged but I have the feeling a solicitor uses a different mechanism to search and can see entries going further back. Despite the search being to make sure your not currently or about to become bankrupt, they do still flag up older entries.
Regardless of the above, it's always better to be upfront with your lender about your credit history.
It's actually a search firm which will carry out this for a solicitor. The register of inhibitions will show the trust deed but if you have been discharged you should have nothing to worrry about as this should also show on the register.
I guess the devil is in the detail. As I understand it, a year after your trustee has been discharged, you will no longer be shown on a search of the Register of Insolvencies ( https://roi.aib.gov.uk/roi/Security/Home/Landing).
However, is this the same thing that is searched when a bankruptcy search is undertaken? Will the details of your TD still be on the register but just not shown when you use the page I linked to above?
This might seem like arguing over semantics but technically the public ROI search facility may return different data than what a solicitor doing a bankruptcy search may return.
quote:
Originally posted by tinsoldier
[br]It's actually a search firm which will carry out this for a solicitor. The register of inhibitions will show the trust deed but if you have been discharged you should have nothing to worrry about as this should also show on the register.
I saw an old thread of yours which talked about this. Was your record flagged up even though you had been discharged? As Kevin stated, do they only search for active inhibitions?
For clarification - there is a register of insolvencies (searchable free of charge to anyone) and a register of inhibitions - part of the Regitsters Direct website. A search is undertaken in both of these normally as part of the conveyancing process.
The inhibition register will show your trust deed but it should also have a recall notice on it.
quote:
Originally posted by tinsoldier
[br]For clarification - there is a register of insolvencies (searchable free of charge to anyone) and a register of inhibitions - part of the Regitsters Direct website. A search is undertaken in both of these normally as part of the conveyancing process.The inhibition register will show your trust deed but it should also have a recall notice on it.
So even if you were in a TD 10 years ago, it would still come up in the search of the register of inhibitions?
The maximum an inhibition can last is 5 years. That's the search period my firm goes by.
quote:
Originally posted by tinsoldier
[br]The maximum an inhibition can last is 5 years. That's the search period my firm goes by.
So would a search for 5 years return any that were active in that period or would it only return inhibitions registered within that 5 year period?
Just curious how all this works.
Sorry didn't reply
Kevin is spot on.
Hi,looking for some advice from the experts on here. what does a solicitor do with a signed declaration during conveyancing?, My names flagged up during the conveyancing process as having been in a trust deed but also shows that it was recalled and not live.
what will my solicitor do with this information?