JUDGEMENT MORTGAGE - EXPLAIN

sadiecs

Hi,
Could someone please clarify a Judgement Mortgage questions as follows;

1. If a judgment mortgage is enforced and a sale is forced on a Family home, who gets paid first, the Bank - original mortgage or the Creditor who secured the JM??

2. If the Home is no longer a 'family home' is it likely that a forced sale would be put through?

thank you,

Our man in Havana

The original mortgage would be paid first before the JM.

It is up to the JM holder to seek a well charging order. Judges are very slow to grant these orders where it would make someone homeless.

nuac

I agree with OMIH.

There are a lot of technicalities to be complied with in registering a JM - worth a thorough check that the legislation, which goes back to 1852 has been fully complied with.

Judges most sympathetic to debtor(s) when it is the family home

Check on the Lawlor case

Predalien

nuac wrote: »

I agree with OMIH.

There are a lot of technicalities to be complied with in registering a JM - worth a thorough check that the legislation, which goes back to 1852 has been fully complied with.

Judges most sympathetic to debtor(s) when it is the family home

Check on the Lawlor case

Did the 2009 Act not repeal the two older acts and clean things up a bit?

nuac

Yes, sorry should have said that.

Ollder Acts still apply to JMs registered before 2009 Act came into force.