# Judgement Mortgage



## dmak (11 Aug 2011)

Hi Folks,

We have had a Judgement passed against us by the court from our mortgage lender. (This is a strange way of doing things I know). What does this mean?
I presume that the Judgement supersedes any agreement that we had with the bank and that the new terms of the repayments would be set by the court, is this correct?

Any help would be appreciated. 

Thanks in advance.


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## Brendan Burgess (11 Aug 2011)

Was the judgment mortgage in respect of a non-mortgage debt? 

For example, if AIB is your mortgage provider and then got a judgment mortgage for a car loan, that would be normal practice.

Brendan


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## dmak (11 Aug 2011)

No it was for our mortgage, i've been told that this is a very strange way of trying to secure the debt as the house is the charge against the mortgage.

I can only presume that there is a problem with the paperwork (our solicitor who dealt with the purchase was struck off).

Irrespective of that, they now have a judgement against the property but have not tried to negotiate with us until they were forced to at the last repossession hearing.

I wondered if the judgement was the over riding legal instrument now and if so is it the court that sets the repayment structure up?


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## zenga (11 Aug 2011)

From my understanding of it,

You were brought to court for non payment of the mortage

The court granted a judgement against you for the non payment of the mortage

You are then given a certain lenght of time to come to some arrangement with the bank regarding payment

When this time elapsed the bank then applied to the courts for a judgement mortage where your income is assessed and the courts will work out how much they feel you can pay.

It actually makes more sense when you think about it, your home is probably in negative equity??? So by getting a judgement mortage they will ensure they are getting some sort of income from you without having to reposess the house and resell it on a bad market, this way they get some income and always have the hope that the market will recover or that your personal financial situation recovers in the future.

This is my understanding of judgement mortages but I am not a solicitor i do have some dealings with these.


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## Bronte (12 Aug 2011)

dmak said:


> No it was for our mortgage, i've been told that this is a very strange way of trying to secure the debt as the house is the charge against the mortgage.
> 
> I can only presume that there is a problem with the paperwork


 
Strange indeed, could you give more details, why were proceedings brought, what was said in court etc?


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## dmak (12 Aug 2011)

Right this is complicated.

I got sick and we couldn't pay the mortgage (was self employed) didnt even know I was entitled to disability benefit until 2010. Been in arrears since 2007/2008, the bank never contacted us or bothered us. 2009 I was in awful shape and in the middle of that Bank (ACC) got a Judgement against the house for the mortgage + costs (we were advised at the time just to let it run unless we could pay them or had a reason to dispute the case). So we did as instructed by the solicitor.

2011 summonsed to repossession hearing in front of county registrar. No solicitor (cant afford one now) so i go and the registrar says she cant make a judgement for some legal reason so case sent to Judges lists. June comes and same story no solicitor, their Barrister asks for an adjournment because he has no solicitor present and the Judge asks if I want to say anything, I say we've never had contact with the bank and we would like to talk to them. the judge orders the barrister to tell the bank to talk to us.

Meeting with bank July. They have solicitor but no interest in anything i have to say. Ask for all our financial details by end of August + any details of past judgments, Pensions etc.

I dont know whats going on. The solicitor we had (hes from Dundalk..I dont think i need to mention his name) has been struck off so i dont know what the story is from his point of view in regard to our contract etc. I dont know why they have a Judgement against us if they were going down the Repossession route. I dont Know why they wont talk to us, I dont Understand why if they have a judgement we just cant go to the court and get them to sort it by saying here's what we have how much do you want us to pay and well pay it.
I'm deeply confused all round.

Thats the story.


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## dewdrop (12 Aug 2011)

I am sorry as i am going to be vague.  there was a High Court recently which affected the rightse  of Mortgage lenders to get repossession orders in certain circumstances.  I think the case came about by reason of some group of solicitors/barristers who had agreed to take up the issue. I cannot think of the new of this group but on searching around i see a group called lNew Beginnings who may be able to help.    I wish you the best.


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## macbarra (24 Aug 2011)

We have a question ,we were involved in a civil case with neighbours that was dragged out over 4 yrs , and went to circut court, we had costs awarded against us, 36,000, and although i have applied for remortage i have been refused, my wife was not involved in case ,just me, and we think yhat the firm of solicitors is going to try get a judgement mortage against our family home. Can this happen , could my wife and children be made homeless, for a civil dispute


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