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Bank’s right to enforce lien and judgment mortgage over lands is affirmed
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Court of Appeal upholds the High Court's decision affirming the validity of a bank's lien and judgment mortgage over certain lands, rejecting the appellants' arguments for setting aside the judgment and orders. The appellants, representing themselves, failed to establish any valid basis for the court to revisit its 2018 decision, which reinstated a 2016 default judgment against them. The court found that the appellants had ample opportunity to challenge the judgment sum but did not do so in a timely manner. The lien, created by the deposit of a land certificate and registered in 2008, along with the judgment mortgage registered in 2017, were deemed well charged on the appellants' lands. The appellants' contention that the bank waived interest on the judgment debt was also dismissed, as was their challenge to the validity of the lien's registration.
Court of Appeal, High Court, lien, judgment mortgage, lands, default judgment, self-representing litigants, equitable mortgage, land certificate, Registration of Deeds and Title Act 2006, ROTDA 2006, Property Registration Authority, PRA, Tailte Eireann, conclusiveness of the register, Registration of Title Act 1964, ROTA 1964, well charging order, Facility Agreement, Greendale jurisprudence, Henderson v Henderson principle, costs, Legal Services Regulation Act 2015.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
