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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I am a UK resident and I wish to put a charge on a number of

Customer Question

I am a UK resident and I wish to put a charge on a number of properties in the republic of Ireland because the owner owes me a considerable sum and refuses to pay. What is the best way to do this.
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

I will wait for your reply

Expert:  Nicola-mod replied 3 years ago.

Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Buachaill replied 3 years ago.
1. The first thing you need to do here is to get judgment for the sums outstanding first before you can then register the judgments as a judgment mortgage upon the lands. Before you get a judgment, you have no right to charge the lands. So get an Irish solicitor to issue proceedings for you seeking summary judgment for the monies owing as soon as possible. Once the judgment has been obtained, then you simply register them as a judgment mortgage upon the properties. Then once you have the judgments registered as a judgment mortgage charged upon the land, then you apply to have the lands sold and you take the proceeds. However, in all these situations, speed is a necessity, as otherwise, the sale you suggest might occur, could occur before you have got your own order for sale. There is nothing which compels a debtor not to sell their lands should a judgment be about to issue. So you need to get a move on.

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