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Scottish Trust Deed Forum
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Topic starter
15/06/2018 6:07 pm
Hi I wondered if you can help I am about to purchase my new house in xxx weeks and the solicitor has checked the insolvency register which I am discharged from and nothing appeared on it. he then checked the registers of inhibitions and the following appeared - March 2014 Notice by trustee under trust deed for creditors of * residing at recalling notice by said trustee, registered Per registers of Scotland.
I started my trust-deed in April 2010, completed and was discharged which I have a copy of on April 2013 confirming AIB would be notified. but the date on this notice is march 2014 could anyone help with this is this going to prevent my house Purchase ??? Please help im really worried about this.
16/06/2018 9:14 am
Hi
You have absolutely nothing to worry about - standard information which is disclosed during a search of this register should someone have been in a trust deed. The facr the notice is recalled is a good thing!
Topic starter
16/06/2018 9:34 am
Hi thanks very much for the info. Does the fact that this recall notice being nearly a year after discharge not mean anything ? Should the notice not be removed by now it's been over 4 years ??
Thanks for your help.
16/06/2018 9:52 am
The notice will stay on for 5 years. It all depends on when the trustee recalled the notice, perhaps when they were discharged?
It won’t stop your purchase going ahead.
18/06/2018 8:22 am
Hi DLY49
A trust deed inhibition has an effect for 5 years. When the trustee issues a form 5, they should at the same time recall the inhibition.
Not to worry - I would ask the trustee to recall the inhibition or provide a letter to the same effect.
Good luck with the move.
Sharon is no longer posting in the forum.
18/06/2018 8:55 am
Hi dly49,
Sounds like from what tinsoldier has advised and also Sharon that the house sale should go ahead without any problems.
Good luck and enjoy your new house.
David is not currently posting in the Trust-Deed.co.uk forum
18/06/2018 10:11 am
Hard to say why it took almost a year for your inhibition to be recalled, dly49. As the others have said though, the main thing is that it was recalled and should therefore be no impediment to your house sale.
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