Dáil Éireann Debate, Tuesday - 11 June 2013
702. Deputy Willie O'Dea asked the Minister for Justice and Equality further to Parliamentary Question No. 153 of 8 May 2013, if he will check the contention that the Property Registration Authority of Ireland has made an error taking into account correspondence from a person (details supplied); and if he will make a statement on the matter. [26976/13]
View answer703. Deputy Willie O'Dea asked the Minister for Justice and Equality the safeguards or measures that will be put in place to prevent a duplicate judgment mortgage being placed on a folio; and if he will make a statement on the matter. [26977/13]
View answerI propose to take Questions Nos. 702 and 703 together.
As I indicated in my reply to Question No. 153 of 8th May 2013, the role of the Property Registration Authority (PRA) in relation to the registration of judgment mortgages is purely administrative. I am advised by the PRA that in the specific case referred to by the Deputy, the High Court has confirmed that the PRA was legally obliged to register the judgment mortgages in this case. The correspondence referred to by the Deputy relates to legal advice received by the Authority in the course of the legal proceedings in relation to this particular case. As these proceedings are ongoing, it would not be appropriate for me to comment further on either the proceedings or the legal advice furnished to the Authority.
It has been held by the Courts that the Authority is legally obliged to register judgment mortgages lodged in the prescribed form. The judgment mortgage is a process of execution and it is not a matter for the Authority to become involved in such process. It is a matter for the judgment creditor to ensure the validity of the application for registration. In the event that the judgment debtor believes the judgment to be invalid, it is open to him or her to apply for cancellation of the judgment mortgage under Rule 113 of the Land Registration Rules 2012 (S.I. No. 483 of 2012).
