- Mortgage: Fraud on Title Investigation
- By Rod Culleton
- GAP
- 09/09/2025 Make a Comment
- Contributed by: Sammy ( 1 article in 2025 )
Rod Culleton and "Mal"
Rod Culleton and Christine
Comments
Leah Barnett
A Property (Seizure and Delivery) Order is not made to enforce a simple money judgment. It is made to enforce the lender’s rights under a mortgage.
When a bank sues a borrower, the court may give judgment for the money owed. That judgment confirms the debt and can be enforced through usual debt enforcement processes.
Separately, because the borrower has given the bank a mortgage over the property, the bank is entitled to possession if the borrower defaults. A Property (Seizure and Delivery) Order authorises the Sheriff or Bailiff to take possession and deliver the property to the bank. This allows the bank to sell the property and apply the proceeds against the debt.
So while there may also be a monetary judgment, the property order isn’t based on that judgment. It’s based on the bank’s mortgage rights. The two are distinct remedies that operate side by side.
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