# Affidavit to Register Judgement as a Mortgage lodged with Property Registration Auth



## principle1 (14 Jul 2008)

I have recently had a Installment Order made against me in relation to a personal loan, the order instructed that I make repayments of €25 per week which is managable.

However, the solicitors acting on behalf of the creditor have now issued an Affidavit to Register Judgement as a Mortgage without my prior knowledge and the said Judgement has been deposited with the Property Registration Authority. 

My mortgage is a joint mortgage and I was wondering if this is legal and if not how does one go about overturning this Judgement.


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## bond-007 (14 Jul 2008)

*Re: Property Registration Authority*

The creditor can and will secure a judgement mortgage against any property owned by you or jointly owned by you. All legal and above board. They do not need to inform you first. It means that if you attempt to sell or re mortgage the property they will need to be paid first. The only way to overturn this is to pay off the debt.


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## FKH (14 Jul 2008)

*Re: Property Registration Authority*

It would be worth your while speaking to a solicitor about this. Basically the judgment mortgage becomes a second charge on the property after your mortgage and would have to be paid off if the property was sold. If the house is jointly owned if will be registered against your share only if the debt was in your sole name.

If the creditor obtained an installment order it mean that they first obtained judgment as presumably you defaulted on a loan. They then sought an installment order from the judge. It is very unlikely that you could challange this now and I would say that if the creditor can show that you defaulted on the loan then you cannot. Presuming the judgment was validly obtained I do not think that you cannot stop the judgment mortgage being registered on your property.


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## bond-007 (14 Jul 2008)

*Re: Property Registration Authority*

Unless of course the house is not in your name at all. But as you have said you have a joint mortgage that is highly unlikely. It is standard practice to register judgements as a mortgage. It is basically an insurance policy for the creditor to get his money if you don't pay up. The judgement holder could force the sale of the property if the debt was high enough.


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## jonnykkk (14 Jul 2008)

bond-007 said:


> Unless of course the house is not in your name at all. But as you have said you have a joint mortgage that is highly unlikely. It is standard practice to register judgements as a mortgage. It is basically an insurance policy for the creditor to get his money if you don't pay up. The judgement holder could force the sale of the property if the debt was high enough.



Not very likely if its a family home though,is that right?


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## dazza21ie (14 Jul 2008)

*Re: Property Registration Authority*



jonnykkk said:


> Not very likely if its a family home though,is that right?


 
Can be sold even if it is a family home.


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## jonnykkk (14 Jul 2008)

*Re: Property Registration Authority*

can be in law but VERY unlikely,infact according to my solicitor,it has never occured in this country.


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