Affidavit of judgement against house seller found in searches prior to close of sale

M

Mark_jmc

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Hi all ,
Not looking for legal advice as the matter is currently with my solicitor but any thoughts would be appreciated. We are purchasing a house- contracts signed. Our solicitor was doing the searches before the final
closing- a circuit court judgement was lodged in 2014 in favour of AIB against the seller of the house. It is nothing to do with the mortgage as this is listed separately. The seller's initial response was- I know nothing about it -I'm shocked etc etc. I know that we will have to get an undertaking from the sellers solicitor that this debt will be discharged from the proceeds of the sale (while I don't know how much the judgement is for I know that he will be making circa €80k profit after his mortgage is paid off)
My fear is that this guy is going to try to negotiate with the bank to write off some of this debt- further delaying us ( this purchase has taken a long time)

What I'm wondering is that given that contracts are signed- can we enforce the sale of the house?
Just to note it is not his PPR and is unoccupied.
Any thoughts / opinion welcome
Many thanks
Mark
 
Hi Mark

AIB got a judgement against the seller.

Have they converted it into a judgement mortgage and secured it on the house? It doesn't sound as if they have.

Brendan
 
Hi Brendan thanks for the reply. What I can see you n the search form is that it is an affidavit of judgement , and there is a column for 'description & situation of premises' which has the address of the house. I'm hoping that I'll have an update from my solicitor tomorrow
Thanks again
Mark
 
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