Attempt to halt eviction of family fails at High Court

 

A LAST-DITCH attempt to halt the eviction of a Dublin family failed at the High Court yesterday.

The family from Ballyfermot had an order for possession granted against them last February and are due to be evicted tomorrow.

The order was granted to subprime lender GE Capital Woodchester Homeloans Ltd after the couple, who have three children, went into arrears with their €250,000 mortgage. They now owe arrears of over €55,000.

Yesterday, Ross Maguire SC, for the family, said he intended to appeal a decision earlier this year by Ms Justice Elizabeth Dunne.

The judge had said section 62 (7) of the Registration of Title Act 1964, repealed on December 1st 2009 by the Land and Conveyancing Law Reform Act 2009, was saved by the Interpretation Acts in mortgage arrears cases where letters of demand for payment were issued before December 1st, 2009.

Mr Maguire said section 62 (7) no longer existed when the order for possession was granted and an order should not have been granted under it.

The court had the power, under its own rules, to put a stay on the eviction, he said.

“Until the law is clarified it is appropriate to stay the order,” he said.

Counsel for the lender, Gavin Miller, argued the court had no such power. It was too late to apply for a stay, he said.

Mr Justice Brian McGovern agreed with him. But asked by Mr Miller for his costs, the judge refused. “The defendants are losing their home; that’s enough punishment for them,” he said.