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Bank’s right to enforce security over land is upheld
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Court of Appeal upholds the High Court's decision affirming a bank's right to enforce a registered lien and judgment mortgage over certain lands. The appellants, representing themselves, challenged the validity of the lien and the amount due under a judgment mortgage, but the court found no basis to revisit its 2018 judgment or to impugn the registered lien or the judgment mortgage. The court dismissed the appeal, confirming the bank's entitlement to the judgment debt sum and the right to sell the lands in default of payment.
Court of Appeal, High Court, registered lien, judgment mortgage, County Westmeath, Folio 2639, Registration of Deeds and Title Act 2006, ROTDA 2006, equitable deposit, land certificate, judgment debt, self-represented litigants, facility letter, restructuring of loans, affidavit of debt, conclusiveness of the register, Rules of the Superior Courts (RSC), Land and Conveyancing Law Reform Act 2009, well charging order, order for sale, Greendale jurisdiction, finality of litigation, res judicata, Henderson v Henderson principle.
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.
