Due to the enactment of the Land and Conveyancing Law Reform Act 2009, Judgment Mortgages will now cease on death.

On this issue, there have been significant judgments delivered by the High Court. Most notably, the decision reached in Mahon v Lawlor. In this case, costs were ordered against Mr. Lawlor in litigation involving the Mahon Tribunal. The orders were made and registered as Judgment Mortgages on the subject lands. Mrs. Lawlor became registered as full owner of these lands by right of survivorship following the death of her husband. The Court took the view that Mr. Lawlor’s interest in the land ceased on his death and accordingly the Judgment Mortgage also ceased.

The courts have also ruled in Irwin v Deasy that they do not have the power to make an order for sale over jointly owned land in favour of a judgment creditor whose judgment and consequent judgment mortgage is only against one of these owners. This decision is currently on appeal to the Supreme Court.

Should you have any questions relating to these changes to Judgment Mortgages, please contact David Lavelle.

31 May 2010

    Gillian and all at Augustus Cullen Law, A million thanks for a great job done. Justice for our son at last!!

    Catherine, Liam & William

    Dear Michael, A great result was achieved because of your efforts and we were truly blessed to have you on our side.

    Kathleen, Medical Negligence Client

    Dear Joice…you are and have been very professional, sympathetic and dignified in all of your dealings with us and I put that down to one simple fact. You listened.

    James, Medical Negligence Client

    Geraldine, Thank you most sincerely for all your hard work and commitment to these children.

    Freda McKittrick, Head of Barnardos Beacon Guardian Ad Litem service

    Neil is an absolute gentleman to deal with – kind, tactful and very efficient. We could not praise him highly enough. He brought us through a horrible time.

    Sean, Medical Negligence Client

    Many thanks again for a job well done. We really appreciate all your hard work and practical advice.

    Corporate client in a commercial litigation matter

    Dear Jamie, You and your team in ACL were so professional, diligent and prompt. I have recommended you and the firm, and will continue to do so

    Lorraine McCarthy

    Gus Cullen and the firm’s approach to addressing the key issues was professional, yet personal, efficient yet attentive.


    The process is a difficult one and when you deal with people who are so professional and yet genuine/real people, it makes it so much easier... so thanks a million.


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