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solicitor invalid judgement mortage

  • 13-11-2008 6:30am
    #1
    ConfusedBuyer
    Registered Users, Registered Users 2 Posts: 46 ✭


    hi all, did anyone hear of the case where some guy sued a solicitor over an invalid judgement mortage?


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Judgement mortgages are difficult to get right, as the affidivait has to comply with old statutes going back to 1852 and much case law since.

    Cases concerning the validity of judgement mortgages occur in many circuit court and high court sittings.

    Haven't heard of a recent case where the solicitor was sued, whether by the judgement mortgagee or creditor.

    It is an interesting but tricky area of law and procedure. Often ní mar síltear bítear.


  • #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    I immediately though of Ross v. Caunters [1970] 3 AER 580 - but its not that one.


  • #4
    ConfusedBuyer
    Registered Users, Registered Users 2 Posts: 46 ✭ConfusedBuyer


    Ok people,thanks.


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    I know of a case where an over zealous solicitor slapped a JM on a house that the debtor did not own purely on the basis of information supplied by the creditor. The result was that the owner of the property initiated legal action against both the creditor and the solicitor.


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