Judgment Mortgage on jointly owned property

[dewdrop]

If a person has a Judgment registered against him can such a judgment be registered against a property which he jointly (joint tenants) owns with another party the latter being in no way liable for his debts. If the answer is yes what happens when the debtor dies and the property is in the sole ownership of the other party. Will the latter have to file a Memorandum of Satisfaction and if so can this raise problems.

 

[mf1]

Yes. A judgment mortgage can be registered against the interest of a joint owner in property.

This article explains what happens when the debtor dies. It is the case of the Liam Lawlor estate - decision by Judge Mary Laffoy which, I understand, still stands.

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mf

 

[dewdrop]

Thanks mf1. I presume if the judgment was obtained (if this is possible) after the death of the borrower it could not be registered against the property which by now would have passed into the sole ownership of the other person. To the ordinary layperson the law, as it stands, seems very odd if one rule applies to unregistered title and another to Land registry title. Hopefully the Supreme Court will sort matters out.