Solicitors frequently experience difficulty in obtaining Discharges from lenders, particularly those based in England, where Discharges are not required in the same format and the registers can be cleared more easily.
Section 18 of the Conveyancing and Feudal Reform (Scotland) Act 1970 effectively permits a debtor to apply to the local Sheriff Court and, on satisfying the Court that the debt has been redeemed, the Court will issue an order equivalent to a Discharge. Intimating in writing to the lender that you intend raising proceedings under section 18 and seeking expenses is often effective.
The 1970 Act outlines the procedure and you should also see Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993 No.1956 (S.223).
