S11.3 Form B
A Form B Standard Security is different from a Form A Standard Security in that it will not contain a personal undertaking by the debtor to the creditor to pay all sums due. The personal undertaking is contained in a separate deed e.g. a Personal Bond, which is not recorded.
The clauses of a Form B Standard Security are:
1. The nature of the debt or obligation and a reference to the deed which contains the personal undertaking. | 1. WE ERIC ALLAN and MRS. ELIZABETH ANN ALLEN, spouses, both of Airds Hotel, Port Appin, Appin, Argyllshire, hereby in security of all sums of money due and that may become due to BARCLAYS BANK PLC (hereinafter referred to as “the Bank”) by us in terms of Personal Bond granted by us in favour of the Bank dated of even date with our execution of these presents and any variation or alteration thereof. |
2. The grant to the creditor of the “interest in land” over which the debt is to be secured. | 2. DO HEREBY GRANT a Standard Security in favour of the Bank over ALL and WHOLE the Ground floor flat or dwellinghouse forming part of the tenement known as Number Eleven Moray Place, Edinburgh, in the WHOLE that lower dwellinghouse more particular described in and disponed by Disposition by John White in favour of Francis Gordon Bell dated Thirtieth July and recorded in the Division of the General Register of Sasines applicable to the County of Edinburgh (now Midlothian) on Sixth September both months in the year Nineteen Hundred and Twenty-four. |
3. A statement that the Standard Conditions laid down in the Act (with any lawful variations thereof) will apply. | 3. The standard conditions specified in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970 and any lawful variation thereof operative for the time being shall apply. |
4. A clause of warrandice. | 4. And the debtor grants Warrandice. |
Note: A clause of registration for execution is not appropriate in a Form B Security as the deed does not contain a personal undertaking.
A typical style of a Minute for a Form B Standard Security would be:
(No.92) 18 Jul. 2003
STANDARD SECURITY by ?pDANIEL ?nMcQUILLAN?z, 7 Beech Place, Eliburn, Livingston, West Lothian - TO GOVERNOR AND COMPANY OF ?p?nBANK OF SCOTLAND?z, - over shop ?q39?nRHUIN STREET?z, WEST CALDER, referred to in Disp. to Ronald Kerr and another, recorded Nov. 1972. Dated 1 Jul. 2003.
Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines 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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