Rule 113 - Application to cancel entry of judgment mortgage on grounds of invalidity

• Original version: <a href='/vid/rule-113-application-to-907696193'>Rule 113 - Application to cancel entry of judgment mortgage on grounds of invalidity</a>

(1) Where an entry of notice of the deposit of an affidavit of judgment under the Judgment Mortgage (Ireland) Act, 1850 or an entry of judgment mortgage under Section 116 of the Act of 2009 is made in the register of any property, a registered owner, or any other person interested, who claims that the deposit and the notice thereof in the register do not create a valid burden or that the judgment mortgage is not a valid burden may apply to the Authority for the cancellation of the entry.

(2) The application shall be in writing and shall state the grounds on which the applicant claims that the entry should be cancelled, as, for instance, that a specified provision of the Judgment Mortgage (Ireland) Acts, 1850 and 1858, has not been complied with or that the judgment debtor had no estate or interest in the property or no estate or interest capable of being affected by registration of the affidavit, or judgment mortgage and shall state the facts on which he/she relies in support of his/her claim.

(3) Where the Authority is satisfied on the facts stated that a prima facie case for cancellation of the entry...