|
|
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.
|
