Registration of Deeds (No. 2) Rules, 2009

JurisdictionIreland
CitationIR SI 457/2009

S.I. No. 457 of 2009

REGISTRATION OF DEEDS (NO. 2) RULES 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th November, 2009.

1. (1) These Rules may be cited as the Registration of Deeds (No. 2) Rules, 2009.

(2) These Rules and the Registration of Deeds Rules 2008 to 2009 may be cited together as the Registration of Deeds Rules 2008 to 2009 (No. 2).

(3) These Rules and the Registration of Deeds Rules 2008 to 2009 shall be construed together as one.

2. These Rules shall come into operation on the 1st day of December 2009.

3. (1) Application for registration of a judgment mortgage pursuant to section 116 of the Land and Conveyancing Law Reform Act 2009 shall be made in Form 16 as set out in the schedule hereto and shall have endorsed thereon a certificate that the judgment was obtained, signed by the proper officer of the relevant court.

(2) For the purposes of registration the judgment debtor shall be deemed to be the grantor and the judgment creditor shall be deemed to be the grantee.

4. For the purposes of the registration of a charging order under section 17 of the Nursing Homes Support Scheme Act 2009 , the person described as the owner shall be deemed to be the grantor and the Health Service Executive shall be deemed to be the grantee.

5. The Registration of Deeds Rules 2008 are amended by the substitution of the following for rule 12 of those rules:

“Discharge, release and receipt of mortgage

12. (1) Application for registration of a discharge or release or partial discharge or partial release of a mortgage shall be made in Form 6, accompanied by the discharge or release and the prescribed fee.

(2) Application for registration of a receipt on a mortgage shall be made in Form 7, accompanied by the mortgage deed with the receipt endorsed theron, and the prescribed fee.

(3) Registration of the discharge or release of, or receipt endorsed on, any mortgage or charge may be effected by entry opposite, or at the foot of, the entry of the mortgage or charge, to the effect that the mortgage or charge has been discharged or released.”.

6. The Registration of Deeds Rules 2008 are amended by the substitution of the following for rule 13 of those rules:

“Discharge, release and satisfaction of judgment mortgage

13. (1) Application for registration of satisfaction of judgment mortgage shall be made in Form 1 or 1A, as appropriate, accompanied by an affidavit or certificate of satisfaction or a discharge or release by the judgmentcreditor or his personal representative and the prescribed fee.

(2) Registration may be effected by entry opposite, or at the foot of, the entry of the judgment mortgage to the effect that the judgment has been satisfied, discharged or released.”.

7. The Registration of Deeds Rules 2009 are amended by the substitution of the following for rule 4 of those rules:

“4. Registration may be effected by entry opposite, or at the foot of, the entry of the property adjustment order, to the effect that the order has been complied with.”

SCHEDULE Form 16

Registry of Deeds

The High Court/Circuit Court/District Court

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