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Solicitor bankruptcy search

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(@jamie24)
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Joined: 9 years ago
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Topic starter  

Has anyone's solicitor ever brought up a found TRust Deed on the bankruptcy search before completion of a house sale ?


   
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(@mapleleaf)
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Joined: 15 years ago
Posts: 73
 

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.


   
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(@tinsoldier)
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Joined: 14 years ago
Posts: 634
 

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.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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I don't think that there's any secret search mechanism here.

As tinsoldier says, just a check of the available public records.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@mapleleaf)
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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.


   
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(@mapleleaf)
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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?


   
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Kevin Mapstone
(@kevin-mapstone)
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Joined: 16 years ago
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I don't believe that solicitors have any different mechanism for searching the Register of Insolvencies other than the public search function available to everybody.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@tinsoldier)
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Joined: 14 years ago
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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.


   
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(@mapleleaf)
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Joined: 15 years ago
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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?


   
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(@tinsoldier)
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The maximum an inhibition can last is 5 years. That's the search period my firm goes by.


   
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(@mapleleaf)
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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.


   
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Kevin Mapstone
(@kevin-mapstone)
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Joined: 16 years ago
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I think the register will show any entries made during the time period searched, which would include an entry showing that a prior inhibition has been recalled.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@tinsoldier)
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Joined: 14 years ago
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Sorry didn't reply

Kevin is spot on.


   
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(@jamie24)
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Joined: 9 years ago
Posts: 8
Topic starter  

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?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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Hi Jamie24.

I really couldn't be sure. This seems like a question to ask your solicitor directly when you're able to.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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