Notice of a mortgage foreclosure procedure pending on the property

1. Does your national system admit such restriction?

This land register system  envisages this kind of notice or includes the possibility of registering a notice as such.

2. In your system, once registered this restriction, does it block or freeze subsequent registrations (mostly the ones promoted by the owner of the property) until being removed?

N/A

3. In your system, in principle, will the registration of this restriction be temporary (under a deadline) or indefinitely (it will be in force until being removed)?

See answer 5

4. Indicate the national legal sources about this judicial restriction

Section 28 of the Conveyancing and Feudal Reform (Scotland) Act 1970

5. Please, give us an idea about the characteristics of the registration of this restriction in your system

In Scotland – under the Conveyancing and Feudal Reform (Scotland) Act 1970, the term ‘foreclosure’ has a very specific meaning. Rather than act as a freeze or being temporary in nature, registration of a Deed of Foreclosure results in the register being updated to disclose the creditor as proprietor of the subjects.

More generally the 1970 Act provides remedies for the creditor when the debtor under a mortgage is in default. These involve procedure that provide the creditor with the power to sell the secured subjects, however the required procedures, typically involving the creditor serving the debtor with a calling-up notice or notice of default, occur ‘off-register’ and will not be evident from inspection of the land register.