judgement mortgages

B

bond-007

Registered User
Messages
3,171
Can a judgement mortgage be registered against a property that a debtor does not own but merely lives in?

It is my understanding that only property registered in the debtors name can have a judgment mortgage applied against it?

Could defaulting tennants cause a judgment mortgage to go on a landlords property?
 
"Can a judgement mortgage be registered against a property that a debtor does not own but merely lives in?"

No - as you say you can only put a judgment mortgage on a property which is owned by the Defendant/Debtor.

"Could defaulting tennants cause a judgment mortgage to go on a landlords property?"

Should'nt - but mistakes can happen.

mf
 
It appears that a solictor has put one on my house in respect of a lodger same last name as me but he does not own the house.

Can I force the solictor to remove it?
 
OK - thats interesting. An issue that often arises would be where a number of people with same name ( e.g. John Flynn, his son John Flynn and his grandson John Flynn) all live at the same address but older JF owns house and grandson owes money. You can see how easy that would be to make a mistake. It is up to the party swearing the affidavit to confirm that the person is one and the same person etc.,etc. Your first line of action should be a polite letter calling on them/their solicitor to immediately take steps to deal with the issue, remove the Mortgage and reserving all of your rigts and entitlements to take such steps as are appropriate. If they won't you may need to take it further.

mf
 
The house is owned by my wife - her father has debts I can not see how they could register a judgment against the house but they seem to have done this. The problem is my wife has re-mortgaged her house & the solicitor has the money but this judgment is causing problems.

Is there anyway of resolving this quickly? ie today??
 
Aaaaaaaah! The thick plottens.

Most things can be resolved but this is about the crappest time ever to do it. Solicitor cannot release funds to anyone until issue is resolved. Best solution is to try and get JM's solicitor to acknowledge problem and undertake to remove JM. If your solicitor had that he could release funds. If it was me I'd be returning the cheque to lender and waiting for New Year to fix.

But then I've just had the week from hell and this would be just the proverbial icing......

mf
 
Thank you for the info - guess I will have to wait to hear from my solicitor & hope she manages to get it sorted.
 
Update:

It turns out the JM was put on the house whilst the registration of the sale was going thru, ie there was a dealing number from the wifes purchase on the folio. It seems that whilst the dealing was pending the JM was put in for the previous owner, ie her father. I was not there when the first mortgage was taken out.
Also the JM is still pending for several years it would seem.

I was under the impression that whilst the sale was being processed with a dealing open that something like this could not happen? Would writing to the JM solictor resolve the problem?

Thanks
007
 
OK - its all obviously a lot more complicated ..........

If I was the JM person, I'd be saying - he owed money, he knew he owed money and did he transfer the property out of his name so that there would be no property to attach a mortgage to? I suspect that I would not be sympathetic - in fact I'd be very cross and even if I was technically wrong, I'd be in no hurry to take any steps to assist the daughter of the debtor.

Is there any possiblity of simply paying the debt? I often find that everyone gets so hung up on the technicality of who did what that the basic issue of the money being due gets left behind.

Just a thought.

mf
 
Thanks again for your prompt reply which is appreciated.

Well to answer the questions the debt was incurred well after the sale of the house to the daughter. The father was solvent at the time of the house sale. There is absolutely no fraud involved. Therefore I would think that they (JM solicitor) were incorrect in what they did.

Simple question: Is there a legal remedy to seek in the courts to remove a Judgment mortgage that has been improperly applied?

In the interim our solicitor has paid us out our mortgage less the value of the JM pending an investigation into the actions of the JM solicitor. The JM amount has not been paid out but has been held pending future action.
 
You must log in or register to reply here.
Back
Top