Registration of Title Act, 1964

Registration of judgment mortgages.

71.—(1) The registration of the affidavit required by section 6 of the Judgment Mortgage (Ireland) Act, 1850, for the purpose of registering a judgment as a mortgage shall, in the case of registered land, be made in the prescribed manner and with such entries as may be prescribed.

(2) In an affidavit registered after the commencement of this Act, the land shall be sufficiently described by reference to the number of the folio of the register and the county in which the land is situate.

(3) The affidavit shall be expressed to be made by the creditor specified in section 6 of the said Act of 1850 or by a person authorised to make it by section 3 of the Judgment Mortgage (Ireland) Act, 1858.

(4) Registration of an affidavit which complies with the said sections and this section shall operate to charge the interest of the judgment debtor subject to—

(a) the burdens, if any, registered as affecting that interest,

(b) the burdens to which, though not so registered, that interest is subject by virtue of section 72, and

(c) all unregistered rights subject to which the judgment debtor held that interest at the time of registration of the affidavit,

and the creditor shall have such rights and remedies for the enforcement of the charge as may be conferred on him by order of the court.