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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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If my property was placed in a private trust im on title as

Customer Question

if my property was placed in a private trust im on title as absolute owner it has a mortage can the courts reposess this property
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.

1. The danger here is if you are made bankrupt. Conveyances of property to trusts can be set aside if the person conveyancing the property goes bankrupt within 5 years. So here, your danger is that if you go bankrupt, these conveyances can be set aside. Secondly, if the mortgage holder forecloses on the mortgage, then the courts can repossess the property. It makes no difference that the property might be owned by a trust. IN the courts, a trust will not be treated any differently than an ordinary person who owes money on a mortgage. So you need to be in a position to keep paying the mortgage.