Judgement Mortgage on inherited house

I'm curious about one thing: did your brother get his share of the asset unencumbered by the JM, or does it apply severally to all shares of the house and lands?

If your share of the property is burdened, and your brother's is not, I'd be dissatisfied.

Did your mother also get something from the division of the assets?
 
As the asset wasn't divided at that stage, the JM was drawn down on all the asset. Is this correct?
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It's very strange. Were you left the house years ago when your dad died?

Or did your mother just transfer the house over to you recently?

In December the Judgment mortgage should expire. You will need to apply to the Land Registry (?) to have it removed which I understand is a simple enough process.

Brendan
 
No all shares are burdened.
My father died intestate so the law ensures my mother received 2/3, while my brother and I divided 1/3. We decided one person to have the house rather than taking appropriate shares in it. In our view that rendered it worthless to all unless sold or bought out by one person. Hence, I received less land and inherited he house.
The solicitor implied an affidavit would be signed when the JM expired to remove it from the assets.
 
It's making more sense to me now. It's all a bit untidy, but if your mother got into a bad financial situation some years ago, some of the messiness is attributable to her.

Given the time frame, it probably makes sense to wait it out until the JM expires. Make sure that the solicitor looks after the removal of the charge at the earliest possible date.
 
Once again thanks for your replies.
Sit tight would seem to be the best course of action at the moment. Hopefully it can be sorted ASAO
 
When your father died he owned a house and land, as there was no will your mother was entitled to 2/3rd and the two children 1/3. Meanwhile your mother's bank slapped a judgment mortgage on the property/portfolio. Then a couple of years ago your solicitor divied up the house and land into 3 different 'properties' giving 3 different titles but the judgement mortgage continues on all 3. Never heard of this, so that would mean that 3 different properties need to wait until the time is up.
 
That's correct. As I said I can only assume the JM wasn't removed from any property at the time of division as it would have been an acknowledgement of the debt and could have been enforced when the portfolio was divided.
 
Did you ask your solicitor at the meeting the other day was it an easy process in 4 months time to remove the judgement mortgage? Also don't see why you cannot wait 4 months to have clear title before investing.
 
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