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Charge on title

  • 01-06-2019 11:59am
    #1
    Mad_maxx
    Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭


    If someone looses a civil action but do not have the funds to carry out the courts instruction, is a charge on the title of a home really a big deal?

    Unless the house is sold, is it pretty harmless

    Forgive my ignorance in this area


Comments

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


    Mod
    You should ask the solicitor who acted for you in the matter
    Will leave open for general discussion subject to rule on legal advice


  • #3
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    People have lost houses and farms and other properties as a result of judgement debts. It might not be a big deal to some but it is to a lot of people.


  • #4
    Mad_maxx
    Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    4ensic15 wrote: »
    People have lost houses and farms and other properties as a result of judgement debts. It might not be a big deal to some but it is to a lot of people.

    That's not what I'm talking about, this is nothing to do with a bank


  • #5
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    They will eventually take enforcement action against you which will result in a judgement debt. This can be registered as a judgement mortgage and then a well charging order could be sought to sell the property.


  • #6
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Mad_maxx wrote: »
    That's not what I'm talking about, this is nothing to do with a bank

    What did I say that has to do with a bank?


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  • #7
    Mad_maxx
    Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    Credit Checker Moose wrote: »
    They will eventually take enforcement action against you which will result in a judgement debt. This can be registered as a judgement mortgage and then a well charging order could be sought to sell the property.

    How likely is that in practice?


  • #8
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Mad_maxx wrote: »
    How likely is that in practice?

    It all depends. Unlikley on a family home in negative equity, very likely on other property or a valuable family home. There can also be an application to the District Court for an instalment order, which is very common. Civil sittings of the District Court have them every day.


  • #9
    Mad_maxx
    Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    4ensic15 wrote: »
    What did I say that has to do with a bank?

    Appologies, misunderstood the terminology, associated debt with cases involving banks


  • #10
    Mad_maxx
    Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    4ensic15 wrote: »
    It all depends. Unlikley on a family home in negative equity, very likely on other property or a valuable family home. There can also be an application to the District Court for an instalment order, which is very common. Civil sittings of the District Court have them every day.

    That's encouraging, dealing with a personal injury situation at the moment, was injured a year ago on someone's property and they decided to be completely belligerent about the whole thing despite being entirely at fault, they have insurance but will not report it or support PIAB assessment so looks like a civil case is my only option

    My sister is a family law solicitor primarily but has told me that I'm unlikely to ever see any redress, she told me this in an informal capacity, my actual solicitor referred to non principal residence property but did not elaborate too much

    Injury has not healed at all and I'm already out thousands so no choice but to drive on


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