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Scottish Trust Deed Forum
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Topic starter
22/06/2016 6:41 pm
Hi there, long time reader supporting me through trust deed but have a quick question of that's Ok.
My protected trust deed was completed and discharged around 4 years ago. I am now looking at buying my first house, mortgage is in place and offer accepted....My solicitor has said he needs to check I haven't had any Inhibition Orders served against myself. I owned no property before/during the trust deed, but can these orders still be served against myself with these circumstances?
Also my name no longer appears on the ROI website however still shows in the Edinburgh Gazette, is this something the solicitors usually check?
Thanks for your help 🙂
22/06/2016 8:57 pm
Welcome to the forum mariokart.
Any inhibition should have been removed as part of discharging you from your trust deed. Almost certainly no issue here.
It's the mortgage lender that needs to be happy about your previous credit record. It sounds like their underwriting process is largely complete already, so hopefully everything will proceed smoothly for you.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
22/06/2016 10:10 pm
Hi
An inhibition will show on the Register of Inhibitions (not the Register of Insolvencies which is different) but will also show as being recalled - you will be absolutely fine. Don't worry.
Topic starter
22/06/2016 10:39 pm
Hi thanks for the messages.
So even though I have never had a mortgage/owned a property, I can still be on the Register of Inhibitions?
I never realised this existed until today. My trust deed handler (4 letters..) took over a year to issue my discharge so a tad worried this hasn't been removed/recalled as it should've.
Cheers 🙂
23/06/2016 9:00 am
An inhibition automatically ends after 5 years anyway, mariokart. So even in the unlikely scenario that your trustee hadn't removed it at the end of the Trust Deed, it would have ceased to be effective not long afterwards anyway.
Not sure why your solicitor needs to check the register of inhibitions to be honest. It is there to try and ensure that you cannot sell a property, but I wouldn't have thought it would have any relevance if you are merely buying.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
23/06/2016 10:19 am
Kevin - It's to satisfy a lender so it's perfectly understandable it would be searched in the case of buying.
It's fine though. It will have been recalled.
23/06/2016 2:05 pm
Maybe, though mariokart never said it was to satisfy the lender. Surely they would do their own checks regarding the client's creditworthiness, not the purchaser's solicitor.
Anyway, doesn't matter, as stated there should be no problem.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
23/06/2016 3:21 pm
The solicitor does the conveyancing on behalf of the lender and instructs a search firm to carry out a search in the Register of Inhibitions amongst others. Pretty standard practice.
