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Judgement Mortgage

[Deleted User] · 2022-07-05 12:03:58

Hi there, Any clarification would be greatly appreciated. What is the case concerning a judgement mortgage issued after a property has been sold. If a solicitor registers the Decree as a mortgage in the Registry of Deeds or Property Registration Authority but the property has already been sold who is liable for the debt to…

05-07-2022 12:03pm

#1

[Deleted User]
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Hi there,
Any clarification would be greatly appreciated.
What is the case concerning a judgement mortgage issued after a property has been sold.
If a solicitor registers the Decree as a mortgage in the Registry of Deeds or Property Registration Authority but the property has already been sold who is liable for the debt to the creditor?
Many thanks.

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Comments

#2 05-07-2022 4:45pm

Claw Hammer

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The original debtor is liable.
Registering a judgement mortgage after the property has been sold is a slander of title on the new purchaser of the property who was never in debt to the judgement creditor.

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