Land And Conveyancing Law Reform Act 2009

116.

Registration of judgment mortgages.

116.— (1) A creditor who has obtained a judgment against a person may apply to the Property Registration Authority to register a judgment mortgage against that person’s estate or interest in land.

[JMA 1850, s. 6]

(2) A judgment mortgage shall be registered in the Registry of Deeds or Land Registry, as appropriate.

(3) For the avoidance of doubt it is and always has been the case that—

( a) there is no requirement to re-register a judgment mortgage in order to maintain its validity or enforceability against the land or a purchaser of the land,

( b) a judgment mortgage may be registered—

(i) notwithstanding that the judgment debtor has obtained an order of the court granting a stay of execution, unless the court orders otherwise,

(ii) against the interest of a beneficiary under a trust for sale of land.

Annotations:

Editorial Notes:

E14

Form of application for registration of a judgment mortgage prescribed (1.11.2013) by Registration of Deeds Rules 2013 (S.I. No. 387 of 2013), rl. 3 and sch. form 16, in effect as per rl. 2.

E15

Procedures for application to cancel judgment mortgage as a burden on registered property prescribed (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rls. 72 and 113, in effect as per rl. 1.

E16

Form of application for registration of a judgment mortgage as a burden on registered property pursuant to section prescribed (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rl. 110 and sch. form 60, in effect as per rl. 1; as substituted (1.11.2013) by Land Registration Rules 2013 (S.I. No. 389 of 2012), rl. 3 and sch. form 60, in effect as per rl. 1(4).

E17

Previous affecting provision: form of application for registration of a judgment mortgage prescribed (1.12.2009) by Registration of Deeds (No. 2) Rules 2009 (S.I. No. 457 of 2009), rl. 3(1) and sch., in effect as per rl. 2; subsequently revoked (1.11.2013) by Registration of Deeds Rules (S.I. No. 387 of 2013), rl. 6, in effect as per rl. 2.

E18

Previous affecting provision: form of application for registration of a judgment mortgage as a burden on registered property prescribed by Land Registration Rules 1972 (S.I. No. 230 of 1972), rl. 118(1) as substituted (1.12.2009) by Land Registration (No. 2) Rules 2009 (S.I. No. 456 of 2009), rl. 18 and sch., in effect as per rl. 2; subsequently revoked (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rl. 1, in effect as per rl. 1.

E19

Previous affecting provision: procedure for application to cancel judgment mortgage on grounds of invalidity prescribed by Land Registration Rules 1972 (S.I. No. 230 of 1972), rl. 121, as substituted (1.12.2009) by Land Registration (No.2) Rules 2009 (S.I. No. 456 of 2009), rl. 21, in effect as per rl. 2; subsequently revoked (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rl. 1, in effect as per rl. 1.