Settling Process - Standard Dealing - CMS Version
- Admin4
- Editor47
Process Steps
Additional Information
After the LRS application has been created and you have submitted the details on CMS, you will reach the settle screen on CMS.
The "I can complete registration" question that you are presented with on this screen is really asking if this is a Standard Dealings (Cat A) type case. Only click No if it is a case type that you do not know how to settle (e.g. Cat B).
4.1 If the case is not a deed type that you can process (e.g. a Liferent or other Cat B type) and you're unsure how to proceed then follow the Complex Dealings intake referral process.
4.1.1 Follow the referral officer's guidance once they have sent the case back to you.
4.1.2 If you are sure that the case is a Complex Dealing and that the documents are valid, or if you have had confirmation from a referral officer, then click No for the "I can complete registration" question.
4.1.3 Select the relevant option in the Complexity dropdown list. The Complexity is the CMS workbasket that the case needs to be routed to.
4.1.3.1 If the option that you need does not show, use the Change product type action to change the product type of the case. This will change the options in the Complexity dropdown list.
4.1.4 Select the relevant option in the Category dropdown list. The Category is the LRS category of the application in this case.
4.1.4.1 If the option that you need does not show, use the Change product type action to change the product type of the case. This will change the options in the Category dropdown list.
4.1.5 Enter the reason that you cannot complete the registration into the Reason text box.
4.1.5.1 A note will appear below this box - "This will increase the complexity of the case to Complex. Before increasing complexity, please discuss with your colleagues in person or through case collaboration".
4.1.6 When you are ready, click Submit.
4.1.6.1 The case will now be automatically be routed to the workbasket that you have selected and will take it away from your My Assignments.
4.1.7 Take on the LRS application, change the category to B (or other relevant category if the Referral officer has advised a different one) and ensure that the workdesk details are correct - property type, deed details, creditor code, etc. and check that the applicant/granter details are correctly indexed, as required. Then release the application to Intake Settle.
4.2 If the previous check for existing open applications/cases showed that there is another application on the same title then either follow the grouping process or the associating cases process depending on the circumstances.
4.3 If the case is not valid or you need to query a detail then follow the relevant rejection or legal referral process.
4.4 If there is a change to the subjects address then follow the appropriate plans referral process.
4.5 If the case is due to be amalgamated, use the refer action to refer the case directly to the amalgamations officer.
4.5.1 Take on the LRS application, change the category to X4 and ensure the workdesk details are correct - property type, deed details, creditor code, etc. and check that the applicant/granter details are correctly indexed, as required. Then release the application to Legal Settle.
4.6 If the case can be completed then on CMS, click Yes for the "I can complete registration" question.
4.7 If the case is LBTT notifiable then check that the detail on the case is correct.
4.7.1 If it is set to Not Notifiable but the deeds suggest that LBTT should have been paid then check for the payment on the S43 website.
4.7.2 Once you have found the payment (or have determined that it has not been paid) then in CMS, click the "Perform LBTT Check" action from the actions menu.
4.7.3 This will open the Perform LBTT Check page. Choose the appropriate option, entering the Tax Record number if it has been found and then click Submit.
4.7.4 It is no longer necessary to add the LBTT note in the LRS application.
4.7.5 Refer to the LBTT Check section for further guidance.
4.8 If there are 2 or more INT cases associated then a subsequent (either same day or later) case has been grouped into your LR case. In this situation, ensure that you take on all relevant LRS applications and attach them before settling the case.
4.9 Take on the LRS application(s).
4.10 Open the LRS application workdesk.
4.11 Check the LRS application workdesk notes and instructions and action and acknowledge, or refer if necessary.
4.12 Open the title workdesk and action/acknowledge any title workdesk notes and instructions.
4.13 Ensure that the workdesk details are correct - property type, deed details, creditor code, etc. and check that the applicant/granter details are correctly indexed, as required.
4.14 Make the appropriate changes to the title sheet as dictated by the deed and following the guidelines in the subsequent sections.
4.14.1 If the LRS application was autocreated then it will have been "title cleaned" to make it 2012 compliant. The "title cleaner" will change the following:
- Real right field in the A section will be changed to Ownership/Tenancy.
- Map Reference in A section will be removed.
- Matrimonial Homes/Civil Partnership notes in B Section will be removed.
- Expired timebound securities in C section will be removed (as long as dates are specified).
- Discharged security note in C section will be removed.
- Redundant (as agreed with Policy team) NANs will be removed.
- Expired NPLCs in D Section will be removed.
4.15 Always ensure the lead application contains the title version you need to work on. If this is not done, it can have serious implications, raising the risk of claims being made against RoS due to the over-writing of title details.
4.15.1 If you need to update the title details, use the import function in LRS to do this.
4.16 Remember to check the date that the LRS application was created and use this as the date of registration.
Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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