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Judgment Mortgage versus Equitable Charge

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  • 25-10-2014 1:00am
    #1
    richie1313
    Registered Users Posts: 13 ✭


    Can anyone help with this one:


    Scenario:

    An Injured Party in a Criminal Case takes a Civil Action against the Convicted Offender and obtains a Judgment against the Offender's House.

    However the Offender's House is co-owned with his now Ex Partner.

    The former couple have a Mortgage on the House.

    For Unknown Reasons the Mortgage Was Not Registered on the House (with the Land Registry or whoever) (I am assuming an error on the solicitor's part???).

    Now that the Ex Partner is looking to escape from the Judgment against the house she is stating that "the Equitable Charge on the house (the mortgage with the bank) takes priority against the Judgment Mortgage".

    If you are still with me - I am looking to clarify whether the Injured Party will get their Judgment paid before the Mortgage is paid (following the sale of the house).

    Thank you for your help.
    Tagged:


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    #2
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Depends.

    In the case of Land Registry property, I understand that it is possible to register the mortgage and to lodge an affidavit with the Land Registry, seeking registration of the mortgage/charge and priority over previously registered judgments, on the basis that the money was drawn down from the bank and paid over on a particular date prior to the judgments.

    I can't point to a section of the Land Registry Rules on that but I understand that this is the case. A telephone call to the Land Registry should clarify this.

    In any event, there is no suggestion that any application for registration of the mortgage has been made.


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