judgement mortgages

Our man in Havana

Can a judgement mortgage be registered against a property that a debtor does not own but merely lives in?

It is my understanding that only property registered in the debtors name can have a judgment mortgage applied against it?

Could defaulting tennants cause a judgment mortgage to go on a landlords property?

grumpytrousers

usual caveats apply...your mileage may vary...

the judgement mortgage process is something along the lines of

a) creditor gets peed off with debtor...he hasn't paid any instalments on that spanking new telly for over a year
b) summons issues for District Court
c) Summons will be in the name of Mr A Creditor v Mr A Debtor
d) Debtor will get chance to make good debt before court
e) if not he goes to court, or if not, the judgement goes against him...again note - it's personally against the debtor who got the telly on credit!
f) eventually instalment orders may be granted or a judgement mortgage but obviously if the Judgement Mortgage is against Mr A Debtor who lives in a property owned by Mr J Bloggs, then I don't think Mr J Bloggs can be punished because his tenant doesn't pay his debts.

dermot_sheehan

As far as I know, the debtor must either have a leasehold or freehold interest in the property that's registered in the registry of deeds or land registry. You go to which ever office with the judgement mortgage and it's registered either as a memorial on the registry of deeds or on the relevant portfolio in the land registry.

Our man in Havana

I has a hypothecial situation is interesting given the above.

Debtor A sells house in 1999 to another person B. Due to a mess with paperwork B is not on the folio until 2006. In 2005 A judgement is obtained against A and Creditor C attempts to register JM against B's house.
In 2006 B attempts to remortgage and is told of a pending JM on his property due to A the previous owner.

Where can B go with this?

dermot_sheehan

Interesting hypothetical question.

It's been well established that when someone has concluded an enforceable contract that specific performance can be demanded of (i.e. consideration handed over and in compliance with statute of frauds), the entire equitable estate vests in the purchasor and the vendor is only left with a bare legal estate. Look in particular at Coffey v. Brunel Construction [1983] IR 36 which involved registration of a lis pendens against land between the period of the execution of transfer in favour of the purchasor and the registration of the purchasor as owner. The lis pendens registered was ordered removed. Also look at Rule 121 of the Land Registry rules where on registration as owner, the registered owner can apply to have the judgement mortgage removed from the registrar without discharging the debt.

Our man in Havana

Thanks for that. Does a rule 121 application require an application form?

Is it possible for the owner to obtain a copy of the addavit used to get the JM?

dermot_sheehan

Must be an affadavit

see practice direction here http://www.landregistry.ie/index.asp?locID=143&docID=334#canc

Our man in Havana

Many Thanks