# Judgement Mortgage



## Ronnie10 (28 Mar 2016)

My husband has a mortgage in his own name since before we were married, he has a Judgement mortgage on this . He is currently in a payment plan with Mabs to make a payment on the debt however is its a very small payment to them so will take many years to pay off , how does the 12 years work . If after 12 years will the debt be written off , we are in negative equity ,


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## Ronnie10 (11 Apr 2016)

Can anyone offer advice ?


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## Joe_90 (11 Apr 2016)

Your husband ownes a property, he has a mortgage on that property.  Is it the family home?

Your husband also owes a creditor money and that creditor has secured a judgement mortgage against said property.

The Judgement holder has 12 years to enforce the judgement.

Is he paying down capital on the mortgage?  How much is the house worth, how much is mortgage, how much is judgement mortgage.

Has he considered insolvency?


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## Ronnie10 (11 Apr 2016)

Joe_90 said:


> Your husband ownes a property, he has a mortgage on that property.  Is it the family home?
> 
> Your husband also owes a creditor money and that creditor has secured a judgement mortgage against said property.
> 
> ...



Thanks for your reply,

Yes he is the owner of that property which he mortgaged before we were married.

It is the family home 

The balance outstanding is 144,000 
We had been in arrears for a number of years but they have restructured the arrears .

The house is worth about 140,000 at this present time.

He owes a creditor 54,000 which he pays very little to every month through Mabs , he has been doing this for about 6 years , they have a judgement mortgage on the property.

He is on Jobseeker's Allowance and I pay the mortgage.

My husband is under the impression that if he keeps paying his payment through Mabs that when 12 years have lapsed that the debt will fall away and judgement removed from the property 

My impression is the 12 year rule only applies if no coresdance or acknowledgement of the debt is made within that time .


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## 44brendan (11 Apr 2016)

Joe_90 said:


> The Judgement holder has 12 years to enforce the judgement.


Statute of limitations on a JM would normally be 12 months. However regular payments are being made so this avoids the debt becoming statute barred. Given negative equity in the property the holder of the JM is unlikely to be commencing any enforcement proceedings. Your husband's assumption re the JM is incorrect. You are correct.
If he is on JS allowance then he is wasting his money in paying anything towards this debt. Save your money to meet the mortgage.


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## Ronnie10 (11 Apr 2016)

Thank you . Can he just refuse to pay them through Mabs . Can they bring him back to court to obtain some payment order ?

Also when the mortgage is paid will they just take the house as interest is 8% per year on this debt . 

I am paying this mortgage and feel when it is paid they will sell the house because I have no legal rights to it. .

Do you know if the creditor would settle for a payment and remove thr judgment if I was in a position to offer part payment in the near future as a settlement


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## Joe_90 (11 Apr 2016)

I'm not sure that a creditor would go to the trouble of securing a judgement mortgage if it expires after 12 months.

The debtor is clearly insolvent!

Not sure what MABS are advising here, surely the bank are the priority for the OP.

The reality is that the Creditor could wait for the equity to build in the house and apply for a sale.

As this is a family home this forced sale may not be successful.

Has your husband considered insolvency?  Waste of time you paying down his debt.  Why not get a mortgage in your own right.


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