Judgment mortgage once debtor dies

H

Haypenny

Registered User
Messages
2
My father died intestate 2 years ago leaving a house. Through intestacy myself and my sister would be due to inherit.

After looking into my father’s affairs, I have discovered there was a judgment mortgage lodged by a lender against the house 10 years ago.

From what I can make out a judgement mortgage would normally expire in 2 years time once the 12 year time period has elapsed.

I am wondering if the fact that my father passed away 2 years ago changes anything.

Does the clock stop on the judgement mortgage expiring once the debtor dies? At the point my father died does his estate have to pay the debt no matter what or does the judgement mortgage still continue to expire?

Thanks for any replies, Ray
 
Thanks for reply Brendan.

We are considering doing what you are suggesting.

Would like to know if the judgement mortgage has expired. Does anyone know anything in relation to that?

Thanks, Ray
 
Ray have a look at posts by poster Jim Stafford on here. I think he spoke about judgement mortgages before. If you don’t find the answer you should ask your solicitor. Let us know how you get on.
 
The judgment mortgage will expire 12 years after the date of the original judgment on which the judgment mortgage was obtained. Not the date of the judgment mortgage itself. As judgment mortgages have certain complications and can take time to obtain, it could possibly be the case that the 12 year period has already expired.
 
You must log in or register to reply here.
Back
Top