Mortgage Judgement from Personal Loan

[jjmd1980]

Evening Folks, hoping somebody can anwer a few quick questions.

Quick overview, my partner and I (not married) have 1 child and have a joint mortgage on our house.
Mortgage is up to date and paid each month so no problem there.
But my partner has a personal loan that fell in arrears a while back, and there was a plan in place with the bank to pay back as much as possible when she could each month
(even though only a small amount each time and a some months nothing could be paid - but the bank were always notified)

Arrived home today to find a mortgage judgement in the post for both of us from Property Registration Authority.
Since reading this letter I am nervous and very worried about the house

Can I ask what happens next..?
Whats the general process on Judgement Mortgages?
Is there a court summons to follow or any sort of appeal process?
Can contact be made with the bank about the personal loan at this stage even if I offered to pay something monthly on behalf of my partner?
I plan to contact Proprty Registration Auth and MABS on Monday for advice

Any comments appreciated
Thanks
John

 

[Time]

Can I ask what happens next..?

Nothing in the short term. It will sit there for 12 years. So if you sell your house in those 12 years they will get paid from the sale proceeds after any charges ahead of their JM are paid.
May I ask how much the debt is roughly.

Is there a court summons to follow or any sort of appeal process?

Nope.

Can contact be made with the bank about the personal loan at this stage even if I offered to pay something monthly on behalf of my partner?

Yes of course.

I plan to contact Proprty Registration Auth and MABS on Monday for advice

Don't bother with the PRA as it none of their concern.
MABS will advise on dealing with the debt.

What is likely to happen is that they apply to a judge for an instalment order to force you to pay back so much per week/month. You will receive a summons to the district court where the judge will ask you about your means and will then decide what you can afford to pay if anything.

 

[jjmd1980]

Nothing in the short term. It will sit there for 12 years. So if you sell your house in those 12 years they will get paid from the sale proceeds after any charges ahead of their JM are paid.
May I ask how much the debt is roughly.

Thanks for clearing that up Time,
I was reading through various sites (Citizens information & other legal sites) and trying to make sense of legal lingo and I was instantly thinking that once I received the registration of Judgement Mortgage that - that was it - the house is going to be re-processed soon
The loan has approx €7,000 remaining and was taken out about 5-6 yrs ago - does the amount influence any further decisions?
Although its my partners loan I certainly don't intend leaving that debt hanging around for 12 years - receivng this letter has been a wake-up call.
(At the same time things are very tight financially so will only be able to afford a certain amount each month)

Don't bother with the PRA as it none of their concern.
MABS will advise on dealing with the debt.

Thanks, I will contact MABS on Monday.

What is likely to happen is that they apply to a judge for an instalment order to force you to pay back so much per week/month. You will receive a summons to the district court where the judge will ask you about your means and will then decide what you can afford to pay if anything.

Do I need to do anything or contact anyone on this, or just wait to receive the summons etc.?
How quickly does this summons get issued?
My partner is going to contact the bank on monday regardless to see what the status of the loan is?

Thanks again for the answers.

 

[Time]

For a €7k debt seeking a well charging order is extremely unlikely.

If you agree an instalment plan with the bank then seeking an order is unlikely to happen.

 

[jjmd1980]

For a €7k debt seeking a well charging order is extremely unlikely.

If you agree an instalment plan with the bank then seeking an order is unlikely to happen.

Thats great - thanks for the replies Time.
That kind of puts my mind at ease "a little",
I think I panicked more when I read the letter and googled Mortgage Judgement and all my first results stated 'Home Respossion' and "Sherrif calling out" etc..

Thanks again