DMBM681400 - Ordinary Cause: Discharging an inhibition - action to take where payment of debt to be made out of sale proceeds of property
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You must not issue the discharge until you have received payment infull for the debt out of the proceeds of the sale of the property.
As an inhibition is registered against the defender he will not be able to offer a cleartitle to the property that is being sold.
If the defender or the defenders solicitor/agent raises such a matter with you, youmust point out that you are unable to issue a discharge until the liability is paid.
However to enable the sale of the property to go ahead you should inform the defender orthe defenders solicitor/agent that you would be prepared to provide a letter of intent.That is a letter stating that HMRC will be preparing a discharge for issue to the defenderin exchange for payment of at least the sum included in the decree. (Youmay also be able to negotiate payment of any sums due outwith decree too.)