registering judgement mortgage

R

Ravima

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I have a judgement. I want to register a judgement mortgage. Debtor was left substantial property in a will some years ago. however, it has not yet been registered in his name, due to colusion between exeutor and himself. Is there any way i can force registration, that mortgage can then be registered. Without the property in his name, he has nothing else.
 
A solicitor is needed here. Enforcement of judgments (by judgment mortgage or otherwise) is not something for a layman. An exception, I suppose, is if it is a small sum and you merely wish to pursue it on a point of principal.
 
Unless things have changed dramatically you can register a judgement mortgage on a property without the requirement that the owner has title to the property. It's not a big deal in registering it but would be expense to progress the matter further as well as protracted. recommend you ask solcr to register it but also look at possibility of instalment order on foot of your judgement.
 
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