Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. Are you in the Republic of Ireland and is the land in the Republic of Ireland? Is it a charge or mortgage which was created? How did the "lien" come on the land? What do you now want to do? Reach an agreement with the bank or sell the land otherwise?
2. The first thing I would advise you to do is to get up the loan documents which created the mortgage or charge on the land. Find out did you actually willing sign for the loan or not. Be aware that if your husband forced you to sign the documents, then you would have a case for undue influence in that the loan was procured without your willing consent. If your husband falsified your signature, then you can also set aside the loan against your land. Finally, be aware that there is no impediment to a bank selling on a loan at a discount. However, your husband should use the fact that the bank are giving a discount to someone else to buy their loan, to negotiate some discount on repayment for himself.
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