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discharged bankruptcy

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jossa | 21:05 Tue 12th Oct 2004 | Business & Finance
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can the reciever have a hold on a property 12 years after a banktruptcy has been discharged. during a remortgage the reciever has writen to the solicitor saying a 'caution' is attatched to the named banktrupt, but the half of the mortgage he owned was bought out for a nominal fee by his wife. the reciever is suggesting that the caution could be lifted by purchasing the official recievers intrest what could this amount be and why?
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The amount should be linked to the money the discharged bankrupt owed and has not yet repaid. A debt is not cancelled when the bankruptcy is discharged. You still owe the money. I think the receiver registered the caution to ensure that he would not lose the legal right to pursue the debt after the limitation period.
All property is now held by Entry on the Land Register, and in no other way. If you are not sure how your Entry looks, pay �2 at this link http://www.landregisteronline.gov.uk/ to see. A Caution is a note placed against your Entry which permanently prevents the property being registered in another name - it effectively blocks any sale and warns off a lender. In your case the Caution can only be lifted by you settling with the Receiver, or by a <b>successful</b> application to a Court. You are in great danger from the "nominal fee by wife" bit, it is a serious fraud and also very injurious to the Receiver. If placed before a Court the consequences will be very unpleasant indeed. You are therefore best advised to settle privately with the Receiver. Over 12 years interest will have doubled the original amount of the debt, so multiply by 2.25 to give yourself a budget to include the costs which will also be down to you.

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