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Judgement Mortgage

  • 05-07-2022 1:03pm
    #1
    Posts: 0


    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.



Comments

  • Registered Users, Registered Users 2 Posts: 6,302 ✭✭✭Claw Hammer


    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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