Timeline for a Judgement Mortgage

demonreedler

Dear All,

I know it's a how long is a piece of string question, however:

Can anyone briefly enlighten me as to the process for obtaining a judgement mortgage on foot of having received Judgment by Consent + Costs but no payment.

nuac

An affidavit has to be sworn and lodged in PRA or Registry of Deeds.

Drafting the affidavit requires great care, Legislation goes back to 1852, plus many decided cases.

Even if you succeed in gettting the Judgement mortgage registered, the creditor has to then issue fresh proceedings to deem it well charged on the lands and seek an order for sale. At that stage the defence will be examining the affidavit line by line for compliance with the statutes and case-law, and may succeed in having it cancelled.

Even if deemed well charged, you may find that there was a bona fide sale of the property which may have priority.

And finally it will be spent after 12 years - some judgement mortgagors forget this.

Matter best left to a solicitor. If doing it on a DIY basis, good luck.

dermot_sheehan

To emphasize what the previous poster has said, the judgment mortgage affidavit must be correct in every respect. Even the description of the parties (which is normally a trivial matter) is correct. So for example if you register a judgment mortgage against an unemployed person, and described them in the affidavit as a "gentleman", that would be incorrect and void the judgment mortgage, since legally a "gentleman" is someone of independent means.

Also judgment mortgages must be registered at least 3 months before a company goes into liquidation or a person is adjudicated bankrupt to create any priority.

A judgment mortgage, properly registered, is an effective means of ensuring payment of a judgment. It sits as a charge on the property and will normally have to be discharged before the property is sold (else the new owner takes it subject to the judgment mortgage and therefore has to pay it to avoid well charging proceedings).

You do have to enforce it within 12 years which is brought by seeking an order that it is well charged and an order for sale (if the land is unregistered), or an order for possession and sale if it is registered land. Proceedings can be brought in the High Court or Circuit Court (if the land's rateable value is below €254)

demonreedler

Thanks Folks, you've both been extremely helpful.
I'm not doing this DIY by the way and have the appropriate services in hand, however I did not get anything like as detailed an explanation of the process. The 12 year rule is news to me and the required precision of the affidavit is interesting. What happens after 12 years, the courts won't force sale if the house is the main family home would they?

Should a judgment mortgage take three months to register. Evidently solicitors agents need to check the judgements office daily. Once they receive Judgment Papers they will then proceed to register the Judgment Mortgage in the Land Registry ?? Is it typical to have to sign more than one Affidavit? (e.g. three)

Our man in Havana

It would be considered extremely bad form to register a JM immediately after obtaining judgement as you would have to give the debtor a chance to discharge the judgement.

After 12 years you are out of luck and you cannot enforce the JM. Also you cannot re-register it. So if you want to enforce do it before 12 years are up.

Even the description of the parties (which is normally a trivial matter) is correct. So for example if you register a judgement mortgage against an unemployed person, and described them in the affidavit as a "gentleman", that would be incorrect and void the judgement mortgage, since legally a "gentleman" is someone of independent means.

What would happen if the description changed between issuing the initial proceedings and registering a JM. The Gentleman may have become unemployed in the interim.

_JOE_

Bond-007 wrote: »

It would be considered extremely bad form to register a JM immediately after obtaining judgement as you would have to give the debtor a chance to discharge the judgement.

After 12 years you are out of luck and you cannot enforce the JM. Also you cannot re-register it. So if you want to enforce do it before 12 years are up.


What would happen if the description changed between issuing the initial proceedings and registering a JM. The Gentleman may have become unemployed in the interim.

Why so? They would have had ample notice to pay up prior to the court's judgment...

Our man in Havana

Because you have to register the judgement first in the Judgements office in the High Court. This involves time and expense. Normally one would wait a few weeks before bothering as some will pay up after the judgement and before registering it.

demonreedler

Bond-007

I think '....it would be considered extremely bad form...' to completely ignore a large debt for three years, disrespect the court by failing to represent yourself the first hearing and again on the adjourned hearing and ignore all correpsondence over a two year period. In the meantime continue to trade while your creditor goes insolvent.

Sorry but you've vexed me with that 'bad form' comment.

Liberty to enter judgement was given in March. I don't think there's anything 'bad form' in trying to reach a conclusion asap.

Our man in Havana

You have to follow due process. If you want to ignore due process a judge will make you pay dearly down the line when someone challenges what you have done.

It is always best to do things correctly. Emotions should not enter into it.

So you got the judgement in March and you told him? Yes? If so there is nothing to stop you from going ahead.

demonreedler

Bond-007

Due process is being followed. Please don't pass comment on details you don't have.
My original question was how long does it take to process a judgement mortgage. No more no less.
I didn't set out the timetable therefore you are not entitled to infer that it was to be registered immediately after judgement. The only emotion entering into this was when people start making comments about 'bad-form'.

smashe

Hi, today i received notice that a judgement was obtained on 23rd July 2010 on my home by an ex landlord that i leased a property from. They applied on 30th April 2010 to obtain the judgement.
This is the first correspondence i received and it came from The Property Registration Authority. surely this cant be right, i was never given any opportunity to even defend myself!!!!!

Our man in Havana

Consult a solicitor asap.

smashe

Thank you

Gazzetta

smashe wrote: »

Hi, today i received notice that a judgement was obtained on 23rd July 2010 on my home by an ex landlord that i leased a property from. They applied on 30th April 2010 to obtain the judgement.
This is the first correspondence i received and it came from The Property Registration Authority. surely this cant be right, i was never given any opportunity to even defend myself!!!!!

Possibly you've only received notice that the JM will be registered, in which case you still have a chance to have it cancelled. Problem is the PRA won't look much beyond validity of the judgement obtained. After that it looks like you will have to try to get the judgement set aside in the same court as it was obtained - you need to move fairly soon if you do. And as indicated whilst you might get so far directly with the PRA you will have a better idea what and where to go after consulting your solicitor.

Tom Young

Ok, so now we have a thread which in all honesty has some accurate and some inaccurate data contained (you know who you are, I hope).

OP - Get legal advice and do not rely on anything until your own circumstances have been assessed by an insured legal professional.

There is a charter in being here for posters who feel the screaming need to give advice as well as though who seek it. I don't intend to be unfair in my issuing of infractions or bans to either side of the fence.

Tom