Welcome to the forum markied.

I'm afraid we haven't got enough information to be able to tell you whether or not your trustee's demands are reasonable and justifiable.

If you feel that you're being treated unfairly you can complain to your trustee directly.

If you're not happy with their response, you can complain to the regulatory body of which your trustee is a member.

You also have the opportunity to take legal advice on your position. If you do this make sure that the adviser has knowledge and experience in the area of insolvency.

If you can explain to us on what basis your trustee is proposing this course of action, we'll then be in a better position to respond to you in more detail.

Thank you for your response I now have an appointment with a litigation lawyer, I spoke to my trustee about a deal i made with my mortgage adviser in court,I have now received a letter from trustee telling me they are applying to the court to have me evicted from my home and the house to be repossessed,if i had known this could happen i would never have entered into a trust deed.

Hi markied,

I'm sorry to hear of the difficult times you are having and the threat of losing your home.

Like TDA has advised it's difficult for us to really give an opinion without knowing all of the facts and little more information regarding your situation.

When you first considered a Trust Deed, how much debt did you have and can you remember what the agreement was regarding your property? Going back 11 years ago, people were entering into Trust Deeds with a large amount of equity on the basis that at the end of 3 years they would re-mortgage, release the equity and the Trust Deed could be closed off. This was something which at the time was fairly straight forward to do. Do you know if this was how your Trust Deed was structured?

Also, Do you know how much equity your property currently has?

A sheriff will ultimately need to grant an order for your Trustee to be able to sell your property. A sheriff will need to take all factors into consideration before granting an order and If you and your solicitor can provide a strong enough argument why this shouldn't happen then a sheriff may not find in your Trustees favour.

For the benefit of other readers, Trust Deeds have come a long way in the last couple of years and the regulation and guidance surrounding how properties are dealt with mean that the equity amount is confirmed at the outset and a plan on how this will be dealt with agreed by all parties. I realise that this doesn't help you in your difficult situation at the moment markied.

If you could provide us with more information we can try and provide you with further advice.