Land And Conveyancing Law Reform Act 2009

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.