Author Topic: Sale of house after Discharge  (Read 30058 times)


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Sale of house after Discharge
« on: Sep 08, 2015, 07:37:03 PM »
Hi Just wondered if anyone can help
I was discharged from BR in 2010 The house was part if the BR and was listed in
My SOA document
Is the negative equity always covered by the BR even if it is years after
Discharge if I decide to sell
The property will never make a profit but I may want to move one day
Thank you
Ps My mortgage is in joint names, if the deeds are now back in our names
Can I apply to gave my ex husbands name removed because I am divorcing
Him and want to cut all ties He was also BR at the same time


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  • Posts: 3
Re: Sale of house after Discharge
« Reply #1 on: Sep 17, 2015, 07:26:09 PM »
I am conducting a Demographic Study and I need your help.

I am doing research to evaluate the demise of Legal Aid and its effect on Society.

I am predominately seeking any persons who would have approach the Legal Services for assistance in the following areas.

Commercial Contracts Disputes – Such as Mortgages, Banks, and Insurances.
Utilities Disputes                           -  Such as Water, Council Rates/Gas and Oil.
Family Disputes                              - Such as Matrimonial Disputes/Custody and Child Maintenance.

I would like to know your stories/situations in the above disputes.  Did you lose or win and what agencies/advice did you go approach to find help?

In your replies please enter the following;-

1)   What Dispute did you have:  Commercial Contracts Disputes
                                                                   Utilities Disputes                           
                                                                   Family Disputes   

2)   Your Age Range; 18 – 30
                                             30 – 40
                                             50 – 60
                                             60 +

3)   Your ethnicity;     
4)   What the situation was.
5)   Who did you approach for assistance. 
6)   Were you directed to anyone to help?
7)   Did you manage to secure Legal Advice from a Professional or from an Agency?
8)   Were you taken to court.
9)   Who represented you in court.
10)   Did you find the experience confusing or easy to understand.
11)   Did you win or Lose in Court or Out of Court.
12)   Was your abode sold to pay off your debts?
13)   Did you have to declare any financial restrictions on your Credit Files e.g. Administration Orders, Debt Defaults, Bankruptcy, Charging Orders.

14)   Were these steps explained clearly to you at the time.

Did you acquire addition ‘Legal Funding,’ from an alternative source to help you with the court costs and hearing e.g. such as Pro-bono funds?

Was your case settled over the telephone?
Write a brief description about what you experienced and how this made your feel.

This will enable me to produce a report based on the demographic areas and social requirements of today’s societal groups. The key questions that will be asked in the report is what part of society does the above mainly affect.  Whether, Working Class, Middle Class and what is the main age range of such groups.

I do hope you respond.
Thank you for your time. 

ISEL Advisory

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  • Posts: 3
Re: Sale of house after Discharge
« Reply #2 on: Oct 14, 2015, 11:16:43 AM »

Unfortunately any mortgage short fall would not have been covered in the bankruptcy as the shortfall never crystalised prior to the bankruptcy date.


ISEL Advisory


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  • Posts: 3
Re: Sale of house after Discharge
« Reply #3 on: Oct 16, 2015, 07:58:11 AM »
Appreciate what you have said but please explain why this is the case. Surely in bankruptcy ALL DEBTS HAVE TO BE CONSIDERED BEFORE FINAL JUDGEMENT.  That's the Law in the UK. Or is it that the Banks and Institutions giving mortgages are BEYOND THE LAW?

Just Curious no offence.

ISEL Advisory

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  • Posts: 3
Re: Sale of house after Discharge
« Reply #4 on: Oct 16, 2015, 09:42:06 AM »
At the time of the bankruptcy the bank shortfall was only in affect a theoretical debt i.e secured debt - estimated value = estimated shortfall the fact the property was never sold means that the shortfall never materialised it was in effect only a theoretical shortfall. If the bankrupt had handed the keys back before the bankruptcy then the shortfall would have been included in the bankruptcy as an unsecured debt.

Hope this clears it up.

Kind regards,

ISEL Advisory