I asked Grok was it mistaken and it doubled down. Here's what it said -
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Thank you for challenging my response, as it allows me to clarify and ensure accuracy. You’ve quoted my statement about the general rule under Section 58 of the Statute of Limitations 1957 in Ireland, which states that an acknowledgment of a debt must be in writing and signed by the person liable (or their agent) to reset the limitation period, and that for co-borrowers who are jointly and severally liable, each borrower’s liability is treated separately for acknowledgment purposes. You believe I may be mistaken, particularly regarding the claim that if the woman acknowledges the mortgage shortfall debt, the limitation period resets only for her and not for the co-borrower (the man). Let’s carefully re-examine this, focusing on the legal framework, the nature of joint and several liability, and the specifics of your scenario (a mortgage shortfall from a 2017 house repossession in Ireland).
Reassessing the General Rule
To address your concern, I’ll break down the relevant law, re-evaluate the treatment of acknowledgment in joint and several liability, and clarify whether one co-borrower’s acknowledgment resets the limitation period for both.
1. Relevant Legislation: Statute of Limitations 1957
- Section 58: This section governs the effect of acknowledgment on the limitation period for debts. It states:
- An acknowledgment of a debt must be in writing and signed by the person liable or their agent to reset the limitation period.
- The limitation period restarts from the date of the acknowledgment, as if the cause of action accrued on that date.
- For mortgage debts:
- The limitation period for recovering the principal (capital) is 12 years (Section 11(1)).
- The limitation period for recovering interest is 6 years (Section 11(2)).
- Section 58(2): Specifically addresses acknowledgment, stating that where a debt is acknowledged in writing, the right of action is deemed to accrue on the date of the acknowledgment, but it does not explicitly address joint debtors.
2. Joint and Several Liability in Mortgages
- In most mortgage agreements in Ireland, co-borrowers (like the woman and man in your scenario) are jointly and severally liable, meaning:
- The creditor (e.g., the bank) can pursue either borrower or both for the full amount of the debt.
- Each borrower is independently responsible for the entire debt, but the creditor is entitled to only one satisfaction of the debt (i.e., they cannot recover more than the total owed).
- This raises the question: Does one co-borrower’s acknowledgment of the debt reset the limitation period for both borrowers or only for the one who acknowledged it?
3. Re-Evaluation: Does One Borrower’s Acknowledgment Affect Both?
To determine whether I was mistaken, let’s analyze the legal treatment of acknowledgment in the context of joint and several liability, drawing on Irish law and relevant principles:
- Irish Legal Position:
- The Statute of Limitations 1957 does not explicitly state whether an acknowledgment by one joint and several debtor binds the others. However, legal commentary and case law from Ireland and similar common-law jurisdictions (e.g., the UK, which has similar limitation statutes) provide guidance.
- The prevailing interpretation, based on common-law principles, is that for joint and several debts, an acknowledgment by one debtor does not automatically reset the limitation period for the other debtor(s) unless:
- The acknowledging debtor is acting as an agent for the other(s), with explicit or implied authority.
- The debt is acknowledged jointly by all debtors (e.g., in a single signed document).
- This stems from the principle that each co-debtor’s liability is separate under joint and several liability for the purposes of limitation periods. The acknowledgment resets the limitation period only for the debtor who makes it, as the creditor’s right to pursue each debtor is independent."
It gives case law examples too.
