Certificate of Consignation

If a discharge of a Standard Security cannot be obtained because of the death or absence of the creditor, the sum due may be consigned by the debtor in a bank on behalf of the person appearing to have the best right thereto. When consignation is made, a Certificate of Consignation is drawn up by a solicitor and recorded, with Application on behalf of the proprietor. The recording has the effect of disburdening the security subjects of the Standard Security. See Section 18(2)(a) of the 1970 Act.

The usual form of Minute is:

CERTIFICATE by a Solicitor, - that the amount due under Standard Security aftermentioned has been consigned in Bank in name of XY (design) by reason of a discharge being unobtainable, viz. Standard Security (recorded ... ) by AB (design). Dated ...
12 HIGH STREET, AYR.

MID 20732 (No. 236) 18 May 1994
CERTIFICATE by a Solicitor, - that the amount due under Standard Security aftermentioned has been consigned in Bank by reason of a discharge being unobtainable, viz. Standard Security (recorded 14 Sep. 1971) by GORDON SEATTER DREVER and SANDRA MARY CAMERON DREVER. Dated 13 May 1994; with warrant on behalf of JAMES ALEXANDER SUTHERLAND and GWENDOLINE MARGARET SUTHERLAND, spouses, 20 Fillyside Avenue, Edinburgh.
- 20 FILLYSIDE AVENUE, EDINBURGH.

Certificate of Declarator

Where the obligation secured by a Standard Security does not consist in the payment of money and a discharge cannot be obtained because of the death or absence of the creditor, the debtor may apply to the Sheriff for a declarator that the obligation has been performed. If this is granted a Certificate of Declarator is then drawn up by a solicitor and recorded in the same way and to the same effect as a Certificate of Consignation. See Section 18(2)(b) of the 1970 Act.

The usual form of Minute is:

CERTIFICATE by a Solicitor, - that decree of Declarator of performance of obligations of debtor under Standard Security aftermentioned has been renounced in application of JK (design) by reason of a discharge being unobtainable, viz. Standard Security (recorded ... ) by CD (design), to EF (design, if given), - [over ...]. Dated ...

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