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Judgment Mortgage Confusion

  • 06-06-2012 1:14pm
    #1
    mac_09
    Registered Users, Registered Users 2 Posts: 86 ✭✭


    Hi there,

    I have been reading up a bit on this, but as I am not from a legal background some of the termonology is confusing me. Also the 1999 Act changed a few things in regards to registered property.

    If there is a joint tenancy on a house - for example a family home.

    One of the tenants has a judgement mortgage place on the property. Does this affect the other tentant (say in the case a mother and father).

    Also, what would happen if the tenant who had this judement mortgage passed away? Does the judgment mortgage continue on the house or is this waived?

    Many thanks.


Comments

  • #2
    dazza21ie
    Registered Users, Registered Users 2 Posts: 992 ✭✭✭dazza21ie


    My understanding of the position since the 2009 Act is that a judgment mortgage can be enforced against a property where the judgment is against one of the joint tenants. However on the death of that joint tenant the judgment mortgage no longer has any effect. I stand to be correct on this though!


  • #3
    mac_09
    Registered Users, Registered Users 2 Posts: 86 ✭✭mac_09


    Thanks for your reply. Yes, that was my understanding as well after reading the case of Mahon vs Lawlor. I was getting confused when they began to talk about severence of a joint tenancy into a tenancy in common in the Act 2009 (*error in original saying 1999).


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    presuming the judgement mortgage was registered after the 2009 act came into force, s. 117 of the 2009 act allows an application to be made under s. 31 of the 2009 act to sever a joint tenancy and partition the land before its sold, the problems of Irwin v. Deasy would still apply if the judgement mortgage was registered before 2009 under the 1964 registration of title act


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