Decree or not to be
 
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Decree or not to be

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(@harriet)
New Member
Joined: 12 years ago
Posts: 4
Topic starter  

Hi All,
Do any of you clever people know if this is correct or not, i am pretty sure i read it somewhere but cant find it now.

If the bank already has a decree for repossession of a property in place before sequestration then that property is out of the hands of your trustee.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi harriet

In general, yes. There's a wee trick in sequestration where either the Trustee or the solicitor for the mortgage company notifies the other party in terms of S.39(4)(b) and whoever does it 1st has prior rights to deal with the sale of the property.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@harriet)
New Member
Joined: 12 years ago
Posts: 4
Topic starter  

Hi Mark
Funnily enough i had a feeling you would know the answer!!
Thanks


   
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