ALMOST ONE-THIRD of cases listed before the weekly chancery summonses hearing yesterday resulted in an order for possession.Granting 11 possession orders in the High Court, including five orders to GE Capital Woodchester, Mr Justice Brian McGovern said there should be an incentive for people to discharge the arrears due.
In a case involving Start Mortgages, where arrears of €18,000 had accrued, the judge measured costs at €3,000 plus VAT, considerably less than the mortgage lender had hoped for, as the defendants had managed to discharge their arrears. It had previously been indicated that costs sought could be up to €11,000.
The judge commented on the lack of people coming to make their case. Granting an order to GE Capital Woodchester, he said “this is another one of these cases where the debtor hasn’t come into court, looked for more time or engaged with the lending body”.
A possession order was also granted to IIB Homeloans after the defendant failed to make any mortgage repayments for six years. The court heard how the defendants were unable to sell, as Dundalk Co Council would have to consent to any sale, and a sale to someone in need of housing was all the council would agree to.
In a case involving EBS, where arrears of €229,000 had accrued on an outstanding balance in excess of €4.8 million, an order was granted on two properties in Waterford and Kilkenny. The court heard how the defendant was trying to sell another property to discharge the arrears, but an auctioneer had advised it would take several months.
The court heard that the house was unlikely to fetch more than the guide price of €210,000 which would be insufficient to cover arrears. Possession orders were also granted on four family homes, out of a total of 39 cases listed before the court.