A Cork credit union has secured an order to sell two homes after allegedly converting a husband’s sole account into a joint account and then lending money to his wife.
Charleville Credit Union secured an order for sale following the failure of the woman to pay back the money she borrowed.
Counsel for the lender told the court that the credit union had secured a judgment of almost €350,000 against the woman in 2009 after she failed to repay a loan. This was registered as a judgment mortgage against the family home in April 2010 and against a second home where the couple’s daughter and granddaughter lived, as well as against a parcel of agricultural land.
Letter from husband
Ms Justice Elizabeth Dunne said the High Court had received a letter from the husband saying his credit union account was “turned into a joint account” and a loan was given on the account without his knowledge. The judge said she had an affidavit from the credit union stating that the loan was granted on an account in the wife’s name only.
Given that the husband had only provided a letter and had chosen not to appear in court or be represented, the judge said she would declare the sum owed “well-charged” against the properties and grant an order for their sale.
She put a stay of execution of six months on the order.
Order for sale
Start Mortgages obtained an order for sale of a Dublin home yesterday via the well-charging process. Counsel for the lender told the court the case had started out as an order for possession, but could not continue after Ms Justice Dunne’s finding that there was a flaw in the Land and Conveyancing Law Reform Act 2009.
The borrower and his father, now deceased, had taken out a loan of €150,000 in 2007 to buy out their Dublin City Council home in Finglas and had failed to repay it.
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