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 bankruptcy postbag for april
 Confused with house situation
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Starting Member

United Kingdom
6 Posts

Posted - 04 January 2009 :  21:24:40  Show Profile  Reply with Quote

I declared myself BR in May, and informed the OR during my interview that i had found somewhere else to live.

In september this year i had a letter from the OR that the 'beneficial interest and legal title' to the property now belongs to them.

In October, the company that i had a secured loan on the property got a possession order from the court. They are now in the process of obtaining a 'warrant for possession'.

During my interview the with the OR back in June, i asked whether i had to continue to pay for building insurance and was told that i did not have to.

Was this advice correct?
If not, where can i get insurance for a house that no one lives in?
How long does it take for the process of obtaining a warrant for possession and actually obtaining the property (on average)?

Senior Member

1159 Posts

Posted - 05 January 2009 :  07:25:09  Show Profile  Reply with Quote
I wouldn't worry about getting building insurance if the house no longer belongs to you & the OR told you not to.
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Starting Member

United Kingdom
6 Posts

Posted - 05 January 2009 :  17:30:20  Show Profile  Reply with Quote
It's a tricky situation. I spoke to the OR again today and he basically told me that i am liable for the property but then again i am not because of the following;

I returned the keys along with a surrender of keys document to my mortgage company by recorded delivery. They admit receiving the keys and forms but lost them in the internal post system. They sent me a new form and an envelope to send again which i did and they said they have not received it. Since then the company i had a secured loan with has been granted a possession order at court and are in the process of applying for a 'warrant for possession.

Today the OR said that i had done everything reasonable possible in trying to get the keys to the mortgage company and that the house is their responsibility technically.

Having spoken to the mortgage company today, they want me to fax them another copy of the surrender of keys agreement. Is this the correct action for me to take?
Would there be any comebacks with the secured loan company or the OR?
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Senior Member

1159 Posts

Posted - 05 January 2009 :  17:35:47  Show Profile  Reply with Quote
Why not send another fax & then it's all done & dusted.
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Starting Member

United Kingdom
6 Posts

Posted - 05 January 2009 :  17:51:52  Show Profile  Reply with Quote
I can't see a problem with doing that, i was just fishing to see if legally there might be a problem with it.

I don't have any loyalty to either company.
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Junior Member

United Kingdom
325 Posts

Posted - 06 January 2009 :  16:15:00  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi JoeyCoco,

Looks like you've been through the wars on this one! I would suggest following RHB's advice.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
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