Judgment Mortgage

They can add on the fees. This is the way things are done.

At present the only body who can enforce the JM is the original holder. If the original holder ceases to exist the JM is unenforceable. As for removal that may have to wait until 12 years from the judgement have elapsed.

For the new crowd to take over the JM they would have to go back to court and get the judgement in their name.

This is an area where solicitors can be very woolly in their answers. I had a case where a solicitor told a blatant lie to protect her client when a JM was challenged by an innocent party where a conflict of interest occurred. The law society were less than happy with the whole situation and the solicitor in question was severely punished.
 
loulou117 said:
This is very important to me.... firstly, this is a secured debt now and wasn't originally and does not fall under the DNR when it comes into law shortly. Secondly, it is a matter of prinicpal, originally this loan was for a small amount (5k) and at that time i had a payment plan and the original creditor still went ahead and got a personal judgment against me and then lodged the judement against the property, he went to every effort to black list me.

When you signed for the loan did you get a credit agreement and you obviously signed it from the original loan company, also have you got it.

 Back in 2010 when that original company sold my debt (clearly they knew their business was in trouble), he sold the debt and to date this loan is still being serviced with the new creditor.

You must check that the debt has been sold correctly ie through the court.

Checking all the old documents from the oringinal creditor, there seems to be alot of inaccurcies, no dates on letters, different company name who debt was being assigned too and alot of photocopied papers that look suspicious.

From what you say they sold the debt on many times if there are different companies names on correspondence.

But most importantly, it is important i find out has the new creditor transferred this judgment property in their name and have the proper steps being followed....so when the loan is discharged they the new creditor can apply to the land registry and remove this.

Have you got a copy of the original judgement order, if so, there will be a reference on it that you can use when you contact the court. Write to them and quote your reference on the judgement order asking for any information they have on your judgment since it was taken against you, also you can ask if it is legal for a company to transfer a judgement before going to the court first and getting the relevant authority to do the transfer. You can also do a request for any information to FOI act to the new company that now has your debt.

And it is a big deal to me, that there is a company that legally has a judgment against my property and they nolonger own my debt.

Also, the original creditor when lodging the judgment on the property the fee was 200e and he added it onto my debt, that doesn't sound right??

They can do this when applying for a judgment but not when selling it on to another company they must pay the relevant fee not you.

By the way, the original company went into receivership feb 2011, can anyone tell me, how long receivership can last for??
Click to expand...

Hope this helps.
 
I do understand the jm can only be enforced by the original creditor, but i don't deal with them anymore so surely they shouldn't have any legal entitlement to my property and if i wanted to sell tomorrow let say, this judgment creates a problem....

I have no idea were the original loan documents are, this loan is going back to 2005 and the original company that got all these judgment against me is a debt collection company, very well know company. C*sh Fl*w Serv*ces..

I am definitely going to check with the courts tomorrow has the debt being passed on correctly.

I did get two documents from the original creditor, notice of the judgment mortage from the land registry and also, a document very suspicious looking the way it was printed out, from Irish Judgments, upper baggot street, has anyone heard of this company?? i will take a closer look at it for a reference.

Thankyou Kev, Time and Mf1 for all your valuable advice guys.x
 
Thanks kev, put i have looked at the courts website and that link and it doesn't have the District Court there and i'm just looking at the judgment and it says: Court - District Court and it has the case no. which i will be giving them.
 
I an not sure about the procedure in Ireland regarding judgment procedure
but I am surprised that you did not received notification from the court that the loan company were going to take a judgement out against you, if you got notification from the court of this pending judgement order being taken out for the outstanding loan then you could have challenged it.

Perhaps Time would advise if the court should have advised you regarding the pending judgement.
 
The OP would have received a summons to the district court. Failing to appear or lodge a defence would have resulted in a judgement being granted without further notice.
 
Time said:
The OP would have received a summons to the district court. Failing to appear or lodge a defence would have resulted in a judgement being granted without further notice.
Click to expand...

If she not received the summons for one reason or another then there would be a possibility of the judgement order being set aside
 
Yes your right Time,i did receive a summons (1st Feb, 2008) from the debt collections solc with alot of dates mixed up, anyway after this i contacted the company and arranged a payment plan to avoid any court matters. 12th Feb, 2008, i received a letter from the debt collection's solc confirming they will accept my weekly offer annd they say in the letter "please note, that any payments received are subject to our clients securing Judgment. However, the said Judgment will not be enforced provided the agreed payments are strictly adhered to."

So although i had a payment plan in place they went ahead a got a judgment at the time and then a couple of months later i receive the judgment from the land registry.

Also, i've just realised something, just before this xmas (sept 2012) i went into court re:this loan and i went through the process to get this loan varied (variation order) and at that time when i was initiating the process the clerk had no information on this new creditor that i've being paying for the last 2yrs, i never thought much of it at the time and i just issued this new creditor the relevant documents.

So, i'm going to go in the District Court in the morning and will discuss this with the clerk. Can a Judgment Mortgage be passed to another creditor and if so, does it have to be legally transferred through the courts? and has this being done?
 
You should have copied the court into your correspondence with your offer and payment plan.
The solicitor was acting for the best interest of their clients and not you. Have you still got a copy of that letter from the loan solicitors. Keep all correspondence.

Best of luck tomorrow.
 
Thanks Kev, yes i found that original letter from their solc's and i have the original summons. I'm sorry i didn't mention all of this to the judge when i had the opportunity before xmas, i had completely forgotten about the judgment mortgage, i just wasn't thinking straight, there is alot of mistakes i've made and going back then i was naive and didn't want to deal with loans and because they related to a business i thought they would die with the business, more fool me!!

Anyway, i will let you know what the clerk says regarding the judgment mortgage.
Thanks.
 
Actually i am in the process of getting a solicitor but its a couple of months away and your right maybe the clerk won't be able to help but i'm hoping he might have some knowledge of judgment mortgages and can they be transferred if not, i will be persuing this.

Thanks for your advice Time.
 
I doubt a clerk would know much about them as their office is not involved in registering them. They are not allowed to give legal advice.

As regards your choice of solicitor make sure there are no conflicts of interest as many do work for debt collectors such as CFSL and may not want to advise you.
 
You could write the present owner advising them that you will cease payments if they do not let you have sight of all the paperwork from the court that give them the legal authority to collect the judgement money from you.
 
Interesting Kev....

Well i did hand in a letter today to the current creditor asking them about the judgment mortgage, so we'll see what they say back.

If i get no response i will under the FOI Act request this information.

But, i will find out do they retain the jm and i will find out have they followed all of the relevant procedures in obtaining this jm and somewhere along the line i'm hoping someone has feck*d up because i'm hoping to get this jm removed, if possible!!!
 
It is not FOI it is data protection act 1988 section 4. FOI only applies to the government.

Getting the JM removed will take a lot patience and a solicitor with the correct moral viewpoint.
 
True very true, under the Data Protection Act i am entitled to this information.

I've alot of patience and i will get a result, whether its the result i'm expecting, we'll see....

FOI,

Part II – Access to Records
  • establishes a legal right for members of the public to access records held by public bodies (section 6)
With the District Court being a public body, i just maybe entitled to access all legal documents related to this debt.
 
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