A solicitor for the bank notified Inverness Sheriff court yesterday that they were targeting Mr Whyte for the money owed and not his estranged wife Kim who is a joint owner of Castle Grant in Granton-On-Spey.
Mr Whyte has delayed a settlement with the bank arguing that they are being unreasonable in raising the action.
Mary Nimmo, a solicitor acting for the bank’s lawyers, said: “I can confirm that the bank are not seeking an order against Mrs Whyte at this stage but that could change.
“The bank want submissions on legal authority relating to his defence that the Bank of Scotland is not a heritable creditor.”
No clear details were given in court of the exact nature of Mr Whyte’s defence however it centres around a loan of £720,000 given to him by the then Halifax bank.
Mr Whyte’s Inverness lawyer Duncan Swarbrick said his client would agree to an evidential hearing.
His solicitor Martin Smith said: “There has been an agreement with the bank that no order would be made against her while Mr Whyte continues with his defence against the action.”
The evidential hearing will take place on October 21.