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Scottish Trust Deed Forum
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Topic starter
16/09/2012 4:02 pm
If your trustee decides to force the sale of property , how much notice do they have to give you before doing so .
Is there a set time scale in law or can they dictate the pace of the eviction ?. and can you mount any sort of defence against it ?.
16/09/2012 5:26 pm
Hi pinalta.
I'm not that up on the relevant details for these questions. I'm sure our experts will be able to advise you in due course.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
17/09/2012 9:41 am
The trustee would invariably seek to come to an agreement with you as to how quickly the sale of a property would take place, as there is considerably less expense and time involved in an agreed, voluntary sale.
Failing this, much depends upon whether the property in question is solely or jointly owned, and/or whether it is a "family home". As you can imagine, there are more obstacles in the way of a speedy eviction if there are spouses/children involved too.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
17/09/2012 10:50 am
As the house is in joint names, he would need to raise an Action of Division and Sale. This would be further complicated by the funds already paid to the Trustee for the half share equity.
It would certainly not be an easy route for the Trustee.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
