A court decree, granted by a Sheriff Court over an unpaid debt, does not by itself usually stop you remortgaging. What can stop it is diligence, the Scottish term for the legal steps a creditor takes to enforce a decree, and in particular an inhibition, which prevents you selling your home or granting a new standard security over it until it is dealt with.
This page looks at the different forms diligence can take, how an inhibition is discharged, and what tends to matter once a decree is paid. For a wider look at Scottish credit issues and remortgaging, see our Scotland page, and for the equivalent position in England, Wales and Northern Ireland, see remortgaging with a CCJ.
On this page
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In short
- A decree alone rarely stops a remortgage, but an inhibition on your home usually will until it is lifted.
- Inhibitions last 5 years and can be renewed, so check whether one is still current.
- Diligence can also include earnings arrestment and bank arrestment, which a lender may see through your income evidence.
- A decree generally stays on your credit file for 6 years from the decree date, in a similar way to a CCJ.
Does a decree itself stop you remortgaging?
Usually not on its own. A decree is simply a court order confirming you owe a debt, and it is recorded on your credit file for 6 years from the decree date, much as a CCJ is recorded in the rest of the UK. Some lenders may take a similar view of a decree as they would a CCJ, weighing up the amount, how long ago it was and whether it has been paid.
What changes the picture is diligence: the further legal steps a creditor can take to enforce the decree if it remains unpaid. Not every decree leads to diligence, and diligence does not necessarily follow straight away.
What forms can diligence take?
| Type of diligence | What it does | Effect on a remortgage |
|---|---|---|
| Inhibition | Stops you selling or granting a new security over property you own in Scotland | Generally blocks a remortgage until it is discharged |
| Earnings arrestment | Regular deductions taken from your wages at source | Does not block a remortgage directly, but may show on payslips a lender checks |
| Bank arrestment | Freezes funds held in your bank account | Does not block a remortgage directly, but may affect the funds you have available |
| Attachment | Allows certain moveable items kept outside your home to be seized and sold | Not usually relevant to your home or a remortgage |
A general guide. Whether diligence has been used, and which type, is set out in your own creditor correspondence.
An inhibition can still be applied for even if you already have a Time to Pay arrangement in place, so having agreed a repayment plan does not automatically protect you from one.
Getting an inhibition discharged before you remortgage
An inhibition lasts 5 years from when it is registered, and a creditor can renew it. In practice, most people dealing with a live inhibition need to pay off the underlying debt, or otherwise satisfy the creditor, and then obtain a formal discharge or a letter of consent before a solicitor can complete a new standard security.
What this can mean for your timeline
- Ask the creditor, or their solicitor, for confirmation of what is needed to discharge the inhibition.
- Get this in writing before you commit to a lender or a completion date.
- Build in extra time, since registering a discharge can take longer than paying the debt itself.
Standard legal searches on a Scottish property check for inhibitions, so raising it with your solicitor and adviser early tends to avoid delays later in the process.
Does it matter how the decree was granted?
A decree can be granted by default, where no defence was lodged, or after a hearing. Either way, it is generally recorded on your credit file in the same way. If you believe a decree was granted without your knowledge, for example because paperwork went to an old address, you can ask the court about recalling it, though this needs to be raised promptly and you may want advice from a solicitor, or read the mygov.scot guide to court decrees.
Whether you paid before or after applying for a remortgage can matter too. Our page on remortgaging with a CCJ covers similar timing questions for the rest of the UK, although the exact rules for removing a decree from the Register of Judgments do not carry across from England and Wales.
What may affect a remortgage with a Scottish court decree
| Factor | Why it matters |
|---|---|
| Whether an inhibition is in place | A live inhibition generally needs to be discharged before a new standard security can be granted. |
| Age of the decree | It stays on your credit file for 6 years from the decree date, and options tend to widen as it ages. |
| Paid or unpaid | A decree that has been paid is generally viewed more favourably than one still outstanding. |
| Other diligence used | Earnings or bank arrestment may not block a remortgage directly, but can affect income evidence. |
| How the decree was granted | By default or after a hearing, it is usually recorded on your credit file in the same way. |
| Mortgage payment history | Whether your mortgage has been paid on time, particularly since the decree. |
| Equity and loan to value | A lower LTV generally widens the options available. |
| Time needed for legal work | Discharging an inhibition can add time to your remortgage timeline, so start early. |
These are general points, not lender rules. Each lender sets and changes its own criteria.
Information an adviser may ask for
You don’t need all of this to make an enquiry. It helps to know where to find it, because an adviser is likely to ask about most of it.
- The decree date, court and amount
- Proof of payment, or a plan for paying, if the decree is still outstanding
- Confirmation of whether an inhibition or other diligence is in place, and any discharge paperwork
- Recent credit reports from Experian, Equifax and TransUnion
- Your mortgage balance, deal end date and any early repayment charges
- Proof of income and a short explanation of what led to the decree
Frequently asked questions
Will a decree stop me remortgaging even if it is unpaid?
Not automatically. A decree by itself is a credit file entry, similar to a CCJ elsewhere in the UK. It is diligence, particularly an inhibition, that can actually block a remortgage, and not every unpaid decree leads to one.
How do I find out if there is an inhibition against me?
Your creditor or their solicitor should have written to you, but a solicitor carrying out standard legal searches on your property during a remortgage will also identify one. Ask your adviser to raise this early.
Does paying a decree remove it from my credit file straight away?
No. Paying it usually means it is marked satisfied, but it still stays on your file for 6 years from the decree date, in a similar way to a CCJ.
Can a creditor still get an inhibition if I have a Time to Pay agreement?
Yes, a creditor can still apply for one even where a Time to Pay arrangement is in place. Having a payment plan does not automatically prevent diligence.