Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

By Junebung
#310433 i have an inhibition order against me, this was done because i was taken to court for benifit fraud. I now have to pay proceeds of crime £9,000 by 20th Feb but cannot raise this money if i cant sell my house. I have lost my job, my husband can raise some money if he takes a morgage on the house but i have to put his name on the deeds first which i have been told will cost approx £800 and dont have the money to do this. Any suggestions?
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By TalbotWoods
#310853 As this is out of the normal type Inhibition question due to the benefit fraud aspect, I have asked an expert in Scottish debt matters to look at this for you.

Tim
By wdm2
#310923 I think the benefit fraud aspect isn't the main point here.

I assume that it's HMRC or your local council that has inhibited you to ensure repayment of the debt. In that regard it's no different to a bank doing the same thing. If you want to sell the house you'll need to ensure that they approve the sale - which they may do if they are confident that there will be enough equity in the property to pay them off. Essentially they need to discharge the inhibition on condition that they will get the money.

Worth looking here for more info

http://scotland.shelter.org.uk/get_advi ... nhibitions

Your best solution would be to agree a repayment plan that you can afford. Even in cases of fraud, agencies of government will not be looking to make you homeless so may agree a longer repayment plan.

Don't think you can transfer the deeds to your husband - the inhibition will prevent it and I can't believe a mortgage company will touch it I'm afraid.

You really need advice from a money adviser who can help you approach the inhibitor with a viable plan.

Finally, where the fraud aspect is relevant is that I'm afraid the debt will survive insolvency so no point in looking at sequestration or trust deed.