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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2245
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Is it lawful court to rule against you if you were not aware

Customer Question

Is it lawful for a court to rule against you if you were not aware of the charges brought against you in the first place. For example; after a very acrimonious breakup with my girlfriend 8 years ago, I continued to pay the mortgage on the house into her bank account every month until I received a letter from her solicitor after stating that my ex wanted to keep the house and requesting me to sign ovehouse to her and to sign the enclosed contract of agreement. I did os at that time because there was no equity to speak of and I just wanted to move on. About a year later, she contacted me to let me know that she was moving out and that there were a few things of mine in the loft. Stating that if I didn't go and get them she was throwing them out. I went over to collect them and whilst there she also presented me with a boxful of unopened mail some addressed to me, her and both of us. 'Her remark' I don't do letters! When I got home to my parents me proceeded to open all the mail I found that she had not paid any bills, utility, insurances, mortgage, solicitors, absolutely nothing for that past year, and found that there were court judgements and rulings for parking fines, non payment of various bills, but most importantly a court judgement against me for not paying the mortgage ! I rang the building society immediately and explained that I had signed over the house to my ex via her solicitor, but they had no such information or confirmation, and that it wouldn't stand. Any way because a joint mortgage always remained a joint mortgage until the existing mortgage had been settled in full, either by the sale of the house or continued payments by both parties. In a nutshell I had a court judgement against me whether I knew about it or not wante it or not and found myself ultimately still responsible for a house that my ex refused to sell although she was moving in with a new partner stating that she wanted to keep the house as an investment. I settled ALL judgements, loans, bills, you name it I paid it, and have continued to pay without default for an empty house (as I wasn't allowed to live there peacefully) until finally being able to sell the house through an application to the courts.
Having now sold the house, the proceeds of which were split fairly !!! I now find on application of a new mortgage for a property of my own that I am black listed for the court judgement against me back in 2010 despite settling the outstanding and unrealized debt as soon as I was aware of it. Can this be right?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 1 year ago.

The judgements still stand so you would need to make an application to have those judgements set aside on the basis that you were not properly served with papers. You will have to engage a solicitor to bring the application for you. It is not likely the bank will oppose it, if all money has been paid at this stage.