Tag: judgment mortgage
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The Misuse of Inhibitions and Cautions to Frustrate Lenders-High Court Cancels Inhibitions on Property
Since the property crash in 2007 some hard pressed property owners, who had judgments registered against them, have used various ploys and ruses to block and thwart the holders of judgment mortgages from selling their property against their wishes. A recent High Court case concerned this very issue and it is worth taking a look…
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Can a Joint Tenancy Be Severed to Protect the Interest of the Judgment Free Joint Owner?
What happens if a judgment mortgage is granted against one owner of a property held as a joint tenancy. How is the other owner affected, if at all? The High Court looked at this question in the case of ADM Mersey PLC v Bergin and Another [2020] IEHC 3, a decision handed down in January,…
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Enforcement of Judgments in the District Court in Ireland
So, you have obtained a judgment against a debtor and now you wish to enforce it in the District Court or you have had a judgment given against you for a debt and you are confused as to what happens next. It is important to understand that there is no limit on the jurisdiction of…
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Judgment Mortgages in Ireland-What You Should Know
Judgment mortgages have become more commonplace in the last few years with considerable numbers of people finding themselves in difficult financial circumstances due to the property crash of 2008/9. A judgment mortgage will only arise after the obtaining of a judgment against a debtor on foot of a debt. The effect of then registering a…