• Could Someone Help Explain This Clause On My TR1 Please?

    By Guest on 29th Apr 2021

    Hi all, I hope someone can help with this, I'm being run round in circles by my current solicitor.

    The background to this is, I was made bankrupt in 2003. In 2004 I purchased the interest in the property. I have a letter from my trustee saying they had no further interest in the property. I was told to get a solicitor to draw up a formal deed to transfer the property back to me. Unfortunately, I didn't do this at the time and forgot all about it until it was discovered when trying to sell this property.

    We've contacted the trustee, arranged the transfer and I now have the TR1 document ready to be signed. However, it has this clause in it which I don't fully understand? It's the last paragraph I'm most concerned about.

    "By an Order of the Sunderland County Court dated ******* the Registered Proprietor was adjudicated Bankrupt and under the provisions of the Insolvency Act 1986 the
    Official Receiver became Trustee in Bankruptcy on the 17 March 2003

    The Official Receiver consents to and concurs in this Transfer but
    expressly excludes and disclaims any personal liability arising directly
    or indirectly in connection with this Transfer.

    For the avoidance of doubt it is hereby agreed and declared that the
    Official Receiver for himself and as Trustee in Bankruptcy gives no
    covenants for or warranties of title expressed to be implied by the Law
    of Property Act 1925 or the Land Registration Act 2002 or the Law of
    Property (Miscellaneous Provisions) Act 1994 or otherwise howsoever
    arising.

    The Official Receiver hereby certifies that the interest of the
    Registered Proprietor in the Property is comprised in the estate in
    bankruptcy of the said Registered Proprietor and divisible amongst the
    Bankrupt's creditors"

    My solicitor hasn't been much help and has referred me back to the insolvency service for clarification. Unfortunately my contact there is on holiday at the moment and I was actually due to complete this sale on the 26th.

    Any help would be much appreciated.

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