Hi coco279.

I'm sorry to read that this is still continuing for you nearly five years since you last raised the matter here.

We certainly read about a number of very difficult and upsetting situations where people signed trust deeds on the assumption that they could release equity by way of a mortgage, which then became impossible in the aftermath of the credit crunch.

The issue for your trustee is that they may feel obligated to collect the value of the equity for the benefit of your creditors in line with the agreement that was originally made by you and them. I can see that your trustee appears to have been very patient here, perhaps in the hope that you could find another way to deal with this, but ultimately they may feel that they have to act on their obligation if another solution simply doesn't seem to exist.

There are ways for a trustee to take control of a property and sell it, but this would generally be very much a last resort. You are at course free to consult with a legal adviser as to whether they can assist you to protect your position.

This type of situation has been a somewhat 'hot' issue recently about which you could read more at:

http://govanlc.blogspot.co.uk/2016/10/overwhelming-unmet-need-for-specialist.html

Hi coco279,

I'm sorry to hear that you are experiencing difficulties with your Trust Deed and the possible sale of your house has been suggested now as a last resort.

As TDA has advised the Trustee needs to consider all available options to try and realise the equity available in your property. This doesn't automatically mean that they can sell your house. For the Trustee to do this without your consent they would need to raise legal action against you and secure a legal order from a Sheriff.

In a situation like yours then it's a good idea to take separate legal advice on our available options. The link that TDA has posted is a useful one.

habe you exhausted all available options to try and raise funds to bring the Trust Deed to a close?