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 … Read more

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, … Read more

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 … Read more

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 … Read more

Debt Collection In Ireland-Debt Collection Procedures and Solicitors’ Fees

Debt collection in Ireland is a serious problem today, both for creditor and debtor. The pressure on the  cash flow of many businesses and sole traders, especially with the banks in Ireland effectively closed to many SMEs, can lead very quickly to a major cash flow problem. Common questions in relation to debt collection in … Read more