Searching for detail's on a Judgement mortgage

Dempo1

Hi, looking for advice on how or were to search for a Judgement mortgage registered on the land registry folio in 2009. Also it states it was registered in the circuit court but only seems to have been added to folio in 2011.

Basically negotiating clearing mortgage which was taken over by Vulture Fund but original mortgage provider registered a judgement mortgage back in 2009. I have a vague idea what it is but wasn't aware of a judgement mortgage that far back, only noticed it when requesting info to assertion how to clear mortgage and searching folio.

I've tried court services website but nothing showing or is that just for criminal matters.

Thanks if anyone can advise

Robbo

Simplest way to look behind the judgment mortgage is to request a copy of the instrument which created it as a burden on the folio from the PRAI. Ideally the applicant in this case should be the owner of the property. The fee is €40 and the application is done by way of Form 96.

Dempo1

Robbo wrote: »

Simplest way to look behind the judgment mortgage is to request a copy of the instrument which created it as a burden on the folio from the PRAI. Ideally the applicant in this case should be the owner of the property. The fee is €40 and the application is done by way of Form 96.

Thanks so much, very helpful and appreciated

Final question if I may, this Judgement mortgage was clearly registered on the 4th Feb 2009, is it unusual that whilst vaguely aware of the issue, there's been absolutely no correspondence, actions in now what is 12 years

Claw Hammer

Dempo1 wrote: »

Thanks so much, very helpful and appreciated

Final question if I may, this Judgement mortgage was clearly registered on the 4th Feb 2009, is it unusual that whilst vaguely aware of the issue, there's been absolutely no correspondence, actions in now what is 12 years

It may well be statute barred and can be cleared off the folio.

Dempo1

Claw Hammer wrote: »

It may well be statute barred and can be cleared off the folio.

Thank you, I certainly hope so.

Just some context, I sought advice on a separate thread re dealing with Vulture find who've demanded clearance of mortgage balance of 44k. I won't go into the full details but I've had medical and economic challenges. Mortgage started in 2001, top up 2003, current value €160k and Vulture fund took over two years ago. Original agreements in place carried over, expired end of May, and out of nowhere the demand recieved yesterday. I'd been on interest only etc.

On getting as much info together in advance of getting advice Ive requested credit reports and go copy of my property folio. Truthfully, I was not aware a seperate judgement mortgage existed, I assumed everything from original provider was absorbed by Vulture Fund. I don't have the actual details, it's certainly less than €10k as it was a dispute over refinancing etc.

Honestly, I've not had a single letter, correspondence about this judgement on 12 and bit years so will need to assertain more info. I'm just curious why it was only added to land reg in 2011 despite it clearly been awarded in 2009.

Anyway, just wanted to be upfront, thanks again.

Lottie125

Hi can i jump on and ask did you get the judgement mortgage off the property? There is one on my grandmothers property and has been over 12 years but it is still on the folio. None of us were aware of the debt and has been no correspondence at all.

whippet

https://www.boards.ie/discussion/comment/122780486#Comment_122780486

Just get your solicitor to get it removed - after 12 years with no correspondence its a fairly straightforward process

Lottie125

Brill thanks.