Obtained judgment, what now? Judgment mortgage?

[samanthawho?]

Hi all,

Firstly I've had a good look on AAM and also Boards and can't seem to find the exact answer I'm looking for and I'm a bit confused and more than a bit curious about the following scenario! I'm waiting for a call back/e-mail from the solicitor who handled the original judgment but I'm just so curious to know what happens that I can't wait! Maybe someone here has been through something similar??

Ok, so individual A obtains a judgment plus full costs for a substantial amount of money against individual B. It takes a long time to get to that stage. Now even more time goes by and there is no sign of the amount of money being repaid to A by B. The Sheriff is involved (to a point), says B has nothing of value and he (the Sheriff) has nothing for A.

Now A's solicitor has mentioned a judgment mortgage.

Fair enough!

So if A is to obtain a judgment mortgage (B does have a property, which we'll assume has a mortgage on it) can A force the sale of B's property?

Or does A just have to hope that B tries and succeeds to sell the property within 12 years and A might have some hope of getting their rather substantial amount of money back?

The curiosity is killing me at the moment as to what exactly happens when a person obtains a judgment mortgage against another.

Obviously don't need or want advice, as such, just an answer from anyone who has any idea or experience of what happens in this situation (by PM if necessary obviously)

Thanks in advance everyone.

 

[Vanilla]

To allay your curiousity - once you get the judgement mortgage registered on your property you then have to obtain a well-charging order. This involves a further circuit court application and then motion after motion ( in my experience) before the county registrar. Then you can proceed to sell the property and recover your debt. All this pre-supposes that the person who owes you the money makes no effort to pay in spite of evidence that they are able to and indeed that the property is capable of having a jm on it, given ownership rights and so on.

 

[Joe Q Public]

Unless the amount of money owed to you be very substantial you will have a tough task obtaining a possession order. Remember that the current mortgage would have first call and if the house is worth less than the current mortgage you would get nothing. A court would not order a sale under those circumstances as it would be against public policy. You are best to stick on the JM and wait and see if they try and sell later on.

Of course you can also seek an instalment order and committal order if they ignore it against the debtor.

 

[dewdrop]

I think in most cases like yours the person just sits back and wait for a sale hoping that there will be enough to pay off the first mortgage