Judgment Mortgage and Order to sell.

WhaLofShi

A friend is in the precarious position of possibly having a judgement against his mortgage. What are the legal implications? Can he be forced to sell the house to pay the debt? All info appreciated. Thanks.

dermot_sheehan

not to be taken as legal advice etc etc

as i said previously, a judgement mortgage turns a judgement into a mortgage and it must be paid before the property is sold (or the purchaser takes the property subject to the judgement mortgage).

If it is not paid the creditor can seek an order to have to house sold in the circuit court. Same as having your house taken for defaulting on a normal mortgage.

enry

WhaLofShi wrote: »

A friend is in the precarious position of possibly having a judgement against his mortgage. What are the legal implications? Can he be forced to sell the house to pay the debt? All info appreciated. Thanks.

Judgment mortgages need to be reregistered every five year. So just say a solicitor for an applicant forgot to reregister the judgment mortgage at the end of the five year period. Hypothetically a person could sell the property which on a search may come up free from any encumbrances. If I was such a person I would then take the money and run away to lets say Australia where the weather is nice unlike this sh1t hole of a country.

So if I was in that position I’d been taking note of the date the Judgment mort. Was given.

Very unlikely in these cases an order to sell would be made. Depends thought

Maximilian

enry wrote: »

Judgment mortgages need to be reregistered every five year. So just say a solicitor for an applicant forgot to reregister the judgment mortgage at the end of the five year period. Hypothetically a person could sell the property which on a search may come up free from any encumbrances. If I was such a person I would then take the money and run away to lets say Australia where the weather is nice unlike this sh1t hole of a country.

So if I was in that position I’d been taking note of the date the Judgment mort. Was given.

Very unlikely in these cases an order to sell would be made. Depends thought

That's not the case - you don't need to re-register. The law here was clarified by S. 116.3(a) of the Land and Conveyancing Law Reform Act 2009.

Our man in Havana

If they are any mistakes in the original affidavit i.e the description of the debtor the JM will be invalid. Often the swearing solicitor can make mistakes where no further enquiries are made since obtaining the original judgement regarding the status of the debtor. The debtor could become unemployed and cease trading for example in the period between getting the judgement and registering the Judgement mortgage. The majority of invalid JMs stem from these types of mistakes.

enry

Maximilian wrote: »

That's not the case - you don't need to re-register. The law here was clarified by S. 116.3(a) of the Land and Conveyancing Law Reform Act 2009.

ok have not gotten a chance to look at the 2009 act but if I remember correctly, as the law stands I’m correct but don’t worry you’ll be right tomorrow

Maximilian

I don't think the Act is up on the Irish Staute Book site yet but you can get it from the AG's website here.

Maximilian

enry wrote: »

ok have not gotten a chance to look at the 2009 act but if I remember correctly, as the law stands I’m correct but don’t worry you’ll be right tomorrow

It seems your view was considered the safest one but there was always doubt. Those parts of the Act came into force Dec 1st last IIRC.