Legal mortgages over registered land can only be created by what is known as a Registered Charge.
These Registered Charge are created by way of a Deed (eg. a Transfer).
Transfer of ownership of the property as a form of security is not necessary (from the Purchaser to the Bank). The charge that the Bank take out as security for the mortgage is registered as a burden on the mortgagor’s folio.
If the loan is not repaid, the charge holder can enforce their security by way of issuing legal proceedings.
Please get in touch if you need to discuss further: contactus@powderlysolicitors.ie