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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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How significant is a lien on land if the banks are selling

Customer Question

How significant is a lien on land if the banks are selling on loans
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

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?

Customer: replied 1 year ago.
both are in the republic I do not know what the Lein is attached to my husband has business loans that the bank are selling on I have asked you in a seperate question about the home loan . The land is also solely in my name I have no recollection of signing for a Lein with a solicitor
Expert:  Buachaill replied 1 year ago.

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.

Expert:  Buachaill replied 1 year ago.

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