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Judgment Mortgage

  • 23-08-2012 7:52am
    #1
    dewdrop
    Registered Users Posts: 265 ✭✭


    I am rather confused with the situation where a person has a Judgment Mortgage registered against him and can such a Mortgage be registered against a property which he jointly owns as joint tenants with another party. I know this came up as an issue in the Lawlor case and i think subsequent law also dealt with it. The scenario i have in mind is where a person has a potential liability with a bank as Guarantor; jointly owns a property; he dies and query really is can a bank register against the property which in normal circumstances would become in the sole ownership of the surviving joint owner.


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,538 Mod ✭✭✭✭johnnyskeleton


    dewdrop wrote: »
    I am rather confused with the situation where a person has a Judgment Mortgage registered against him and can such a Mortgage be registered against a property which he jointly owns as joint tenants with another party. I know this came up as an issue in the Lawlor case and i think subsequent law also dealt with it. The scenario i have in mind is where a person has a potential liability with a bank as Guarantor; jointly owns a property; he dies and query really is can a bank register against the property which in normal circumstances would become in the sole ownership of the surviving joint owner.

    Have a look at irwin v deasy. There are a few variables but if at thr time the person dies it is only a potential liability then the property will pass to the other joint tenant under normal survivorship rules and a judgment mortgage is not possible. If the judgement mortgage is registered before the death then it is valid and the spouse would probably take on the remainder of the property suject to the judgement mortgage. However, it is unlikely that the judgement mortgagee could sue for possession.


  • #3
    Gamrab1974
    Registered Users, Registered Users 2 Posts: 15 ✭Gamrab1974


    Section 30(3) of the Land and Conveyancing Law Reform Act 2009 now provides that "...registration of a judgment mortgage against the estate or interest in land of a joint tenant does not sever the joint tenancy and if the joint tenancy remains unsevered, the judgment mortgage is extinguished upon the death of the judgment debtor."

    Previous to this it depended on whether the title was registered or unregistered. A joint tenancy in Unregistered land was severed into an tenancy in common, but not if the land was registered land.


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