Removal of Exclusion of Indemnity on Submission of Certificate of Registration of Charge - Rectifications

The following process should be used where a Certificate of Registration of Charge is submitted on or after 8th Dec. 2014 in respect of a charge in the securities section of a registered title sheet that was registered prior to 8th Dec. 2014 and which has an existing exclusion of indemnity for the reason that evidence of registration of the charge in the Register of Charges was not provided to the Keeper prior to the registration of the charge in the land register.

 

Process Steps

Additional Information

1.1 Examine the Certificate of Registration of Charge and any further accompanying evidence to check that the charge to which the certificate relates has been suitably identified and that the evidence is sufficient.

1.1.1 Refer to a Rectifications SCW if the charge cannot be identified of if the evidence provided is insufficient.

1.2 Complete an application record search and identify if there is live application prior to the date of the need for rectification.

1.2.1 If there is a live application over the title which precedes the date of the need for rectification being established refer to Rectifications SCW.

1.3 If there is no live pending application which precedes the date of the need for rectification being established complete the rectification process.

1.3.1 Remove the applicable exclusion from the securities section.

1.4 Complete the general updates to the title sheet.

1.5 Notify the relevant parties who are materially affected by the rectification.

1.5.1 If the rectification request is from the agent acting on behalf of the creditor a notification should be sent to the agent with a print of the amended title sheet and confirmation that the exclusion has been removed.

1.5.2 The registered proprietor must also be notified of the rectification. If the property is residential and owned by a company and has recently been acquired (within the last 10 years) notifications should be sent to the agent who acted for them in the acquisition. If the acquisition is not recent it may be appropriate to send the notification to the company at the property's address. If the property is a development site or is vacant and has not been recently acquired we may consider it necessary to send the notification to the company at their registered officer. Refer to Rectifications SCW for guidance, if necessary.

1.5.3 If a notification letter is being sent to an agent who acted on behalf of an applicant in a historical transaction, a check must be completed to ensure the agent still exists before sending any notification letters.

 

 

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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