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Inhibition

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(@denise)
Active Member
Joined: 14 years ago
Posts: 11
Topic starter  

Hi. Myself and my husband started our trust deed in September/october 1007 and due to,illness got an extension and completed in April 2011. We have been debt free for some years now and being very careful about what we buy and how we buy it. We have just sold our house and bought another and our solicitor has found out that there is an inhibition on our property in my name (not my husbands) going back to September 2007 and updated aug 2011 although my solicitor has said this isn't a problem should I be worried as the trust deed was protected and all debt should have been written off and as far as I was led to believe no one can now chase us for money, is this correct.

Can you please advise


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi Denise.

I'm thinking different rules may have applied regards inhibitions in 2007; hopefully one of our experts can confirm this.

Did your solicitor advise you to take any action?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@denise)
Active Member
Joined: 14 years ago
Posts: 11
Topic starter  

Hi

It was a protected trust deed.

I would appreciate a speedy response to this I am due to move on Friday and hoping that this is not going to change that. However my solicitor is not really concerned about this at all but unfortunately I am unable to sleep due to this popping up from nowhere and not even being on either my husband's or my credit reference file.

Please come back to me as soon as possible

Thanks. Denise


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

Hi Denise

It's difficult to comment without all the facts, however the Trust Deed does not stop pre existing inhibitions. Your solicitor should be able to tell you who placed the inhibition and also clarify what is meant by it being 'updated'.

Mark

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Hopefully it is just the trustee's inhibition he is referring to and the update was your trustee lifting it upon the successful completion of the trust deed, Denise.

If it is a creditor that had lodges an inhibition prior to the trust deed then they should have written off the remaining debt at the completion of the trust deed so again it shouldn't cause a problem.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@denise)
Active Member
Joined: 14 years ago
Posts: 11
Topic starter  

Hi mark

At the point of going in to the protected trust deed there was no inhibitions on the property and my understanding is that the trustee places an inhibition when the protected trust deed is taken so I am assuming that this is what the inhibition pertains to. Also when speaking to my solicitor he agreed that this is what it is and only requests from us a copy of the letter from the trustee advising that we have been discharged form the protected trust deed.

I find it strange as there is nothing regarding this on our credit reference files and my husband hasn't got the inhibition in his name either which is what I find even more strange.

Can you advise


   
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(@denise)
Active Member
Joined: 14 years ago
Posts: 11
Topic starter  

Thank you Kevin for your advice. As the sale of our property near (Friday) it has come as a complete shock to learn this is in my name yet I know nothing about it.

I will update the forum once I hear anything


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

Hi Denise

The solicitor should be able to confirm that the inhibition has been lifted via Form 14.

If this is the case, I'm not sure why they would mention it.

Mark

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


   
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(@denise)
Active Member
Joined: 14 years ago
Posts: 11
Topic starter  

Hi mark

Thanks for this, I will be in contact with my solicitor tomorrow giving him a copy of our discharge letters, I have to say that my solicitor is not really concerned about it but I think I am just worried that this could stop our sale and new purchase

I will update the forum once everything has been confirmed

Thank you

Denise


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

Hi Denise

Let us know how you get on. It's probably standard Solicitor speak. In theory, they check the Register of Inhibitions and Adjudcations and there is nothing showing for your husband and yours has been recalled. However rather than say, 'I've checked andf it's all fine and this won't stop the sale in any way' They tell you your inhibition was updated and leave you hanging!

It was always one of the worst named diligences as at meetings you would have to sit with someone and ask 'Do you have any inhibitions?'

Mark

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


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

Hi Denise,

It shouldn't be anything to worry about although I know when it gets this close to settling any little thing can cause you to worry that something will fall through. I was the same when I bought my house going into the final few days!

With the purchase of your new house, did you need to take out a mortgage for this? It's a question that comes up a lot on the forum from people who have completed the Trust Deed and are trying to secure a mortgage.

David is not currently posting in the Trust-Deed.co.uk forum


   
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