Questions and Info relating to Property Issues inc, Charging Orders and Repossession

Moderators: TalbotWoods, JaneClack

By woodwardg
#214972 Hi, I'll try and keep this brief ... but hoping for some urgent advice!!
In 2006 my husband and I started a new business at that time I had a flat which I wanted to sell, made the arrangements etc. and because of the distance I left it in the hands of the lawyer at that time. The sale went through and I received a cheque ... However several months later we had sherriff officers turn up at our business saying that we still owed £16000 to Northern rock. I went to another lawyer and the long and short of it was we agreeded to pay back £300 a month however Northern Rock wanted us to pay it back over 25 years so as you could imagine we said get lost in a round about way .... time moving on we had since moved from that address although we still tried to keep in touch with Northern Rock although to no avail with all their difficulties. Recently we have managed to sort something and we've agreeded to pay the sum back and the loan has been discounted by 40% charges, and interest frozen so all good in that part.
However since then my husband and I have gone through to buy a house (we've been living in rented accom) mortgage has been approved and we're due to move in next wednesday (1st july) my solicitor has sent me through a letter this morning saying that they have done a search and it shows inhibitions against me on Jan 2008. I had no idea!! I've never received any documentation or phone call in relation to this .... I'm now panicking like hell!!

So firstly how can an inhibtion be served on a person to not sell, if they don't own a house at that time?
What effect does this have on concluding with our new home?
The inhibition is only in my name and not my husbands ...
I should also say that the phurchase of this house is on a shared scheme with the builder, we pay 75% they pay 25% so this is important to the builder as they want the money back after 10 years or when we sell, so will they refuse to sell to us?
I am going mad, I'll have no home in 4 days if the sale dosn't go through I've got a 2 year old son and a house thats packed what on earth is going to happen ...
So sorry its so long winded but I'm desperate for advice as with it being Saturday citizen advice shut (because people only need advice monday to Friday between the hours of 0930 an 4!)
:cry: :cry: :cry: :cry: :cry: :cry:
By debtor99
#214974 Inhibitions found this on Shelter Scotland hope it helps. Cant paste the link but appears Inhibition shows up when applying for secured loan.

" - If you owe someone money, they may be able to take out an inhibition against you, which will stop you from selling or transferring ownership of your home or taking out any further secured loans on your home. This is to make sure you can't then use the proceeds from the sale of your home to pay for anything else.

What is an inhibition?
When a property is sold, the buyer's solicitor searches through the property registers held by Registers of Scotland, to make sure the seller has the right to dispose of the property. Inhibitions are recorded in the Register of Inhibitions and Adjudications (sometimes called the ROI or Personal Register). If you have an inhibition registered against you, you won't have the right to sell your home, or to take out a secured loan (such as a second mortgage) against it.

If you're in the process of selling your home and the missives have already been concluded, the inhibition won't affect the sale. However, it can be extended to cover other property you own, to prevent you selling it without paying off your debt.


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How long does an inhibition last?
An inhibition will no longer apply if:

you pay off the debt and the creditor discharges the inhibition
the creditor discharges the inhibition on the condition that you repay your debt using the proceeds of the sale of your home
it is dismissed by the court (for example, because the court doesn't agree that you owe the creditor money)
you successfully apply to the court to have the inhibition recalled
you die
five years have passed - however, the creditor can re-register the inhibition if they choose.
Once the inhibition has been discharged, this will be registered in the ROI.

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What can I do?
If you receive a letter telling you that an inhibition has been registered against you, call the National Debtline on 0808 808 4000 or the Consumer Credit Counselling Service Scottish Debtline on 0800 138 3328 or go and see a debt adviser at a money advice centre immediately. An adviser will be able to help you work out your options.

Paying off the debt
An adviser may be able to help you sort out your finances so you can pay off the debt in instalments. It may be that the only way you can repay the debt is by selling your home. In this case, an adviser or solicitor can negotiate with the creditor to discharge the inhibition so that you can sell your home and repay them using the proceeds.

Going to court
If the creditor is taking you to court over money you owe, you may be able to defend your case, or apply for a time to pay direction to give you a chance to pay back the money. Talk to a money adviser or solicitor if you are in this situation. You can also find out more about going to court at the National Debtline website.

Apply for the inhibition to be recalled
In some circumstances, you may be able to apply to the court to have the inhibition lifted - talk to a solicitor to find out if this will be possible in your case.

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What if I own my home jointly?
If you own your home jointly with another person and only one of you owes money to a creditor, the creditor can only be repaid from the debtor's share of the property. Talk to an adviser if you are in this situation.---"