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Transfer or selling a property subject to a judgement mortgage

  • 28-02-2020 1:55pm
    #1
    Cluelessneeds help
    Registered Users Posts: 4 ✭


    Hi All, I'm hoping someone can help me here. I need to know if it is possible to transfer a property that has a lien on it. I want to transfer or gift the property to a family member but don't want to have to sell the house. Can the lien be transferred with the property?
    Thanks.


Comments

  • #2
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    From what I can tell, the short answer is yes provided that the recipient agrees to it.

    It would be worth consulting a legal professional for specific advice in your case though.

    The law changed in 2006 and affected the ability to enforce liens held on certain types of deeds at that point.


  • #3
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Generally not.

    Is it a mortgage? If so its a burden not a lien

    The bank consent would be required

    Almost impossible


  • #4
    Cluelessneeds help
    Registered Users Posts: 4 ✭Cluelessneeds help


    seamus wrote: »
    From what I can tell, the short answer is yes provided that the recipient agrees to it.

    It would be worth consulting a legal professional for specific advice in your case though.

    The law changed in 2006 and affected the ability to enforce liens held on certain types of deeds at that point.

    thank you, that's what I was hoping to hear - it's very difficult to find any information on line about it.


  • #5
    Cluelessneeds help
    Registered Users Posts: 4 ✭Cluelessneeds help


    Mr. Incognito wrote: »
    Generally not.

    Is it a mortgage? If so its a burden not a lien

    The bank consent would be required

    Almost impossible

    Thanks, no there is no mortage on the property.


  • #6
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    The other thing is that even if you gift the property to a family member they need to have their own solicitor advising them, particularly if there is a lien on the property.


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  • #7
    Joey99
    Registered Users Posts: 53 ✭✭Joey99


    Use of the phrase "lien" is a bit non-specific in an Irish context. If you take it that it refers to all types of encumbrances on a property (cautions, inhibitions, rights of way, charges) then the answers are likely to be very different for different types of lien.

    Generally speaking almost anything is possible with the consent of both the transferee and the person entitled to the lien but the consent of the person entitled to the lien may not be forthcoming in all circumstances (eg banks, as a previous poster already commented).


  • #8
    Claw Hammer
    Registered Users Posts: 6,152 ✭✭✭Claw Hammer


    A lien presumably means a claim of some kind is being made against the owner of the property. Anybody who is given the property as a gift, or who buys it knowing about the lien is stuck with it and may end up having to deal with whatever the claim is themselves.


  • #9
    Cluelessneeds help
    Registered Users Posts: 4 ✭Cluelessneeds help


    Claw Hammer wrote: »
    A lien presumably means a claim of some kind is being made against the owner of the property. Anybody who is given the property as a gift, or who buys it knowing about the lien is stuck with it and may end up having to deal with whatever the claim is themselves.

    It's a judgement mortgage on the property


  • #10
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Title amended for clarity


  • #11
    Claw Hammer
    Registered Users Posts: 6,152 ✭✭✭Claw Hammer


    Cluelessneeds help wrote: »
    It's a judgement mortgage on the property

    You said earlier there is no mortgage on the property. if you transfer the property the judgement mortgage will go with it and the judgement creditor could seek an order for the sale of the property to satisfy the judgement. In the alternative, the judgement creditor could seek to have the transfer set aside as an attempt to defraud a creditor.


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