Almost 40,000 judgment mortgages imposed by courts

Almost 40,000 judgment mortgages have been imposed by the Irish courts in the last five years, the Irish Examiner reports.

Justice Minister Frances Fitzgerald revealed the figures in an answer to a Dáil question by Michael McGrath.

Under the Courts Act 1981, a court order to re-pay a debt can be registered as a mortgage against the debtor’s property and included in the Land Registry or Registry of Deeds.

It has no effect until the creditor decides either to force a sale or to claim entitlement to the proceeds of a sale made by the debtor.

Between 2010-15, 20,589 judgment mortgages were imposed atCircuit Court and a further 18,704 imposed by the High Court.

Mr McGrath has questioned whether the “balance of rights” between debtors and creditors should be re-examined.