Court grants four possession orders

FOUR ORDERS for possession were granted at the High Court yesterday including one against a man who had “vanished”.

Mr Justice Brian McGovern granted two orders to Bank of Ireland and one each to ACC Bank Plc and Nua Mortgages Ltd. But he adjourned a case against a farmer until June to avoid “calving time”. Of the 58 cases listed for hearing yesterday almost all were adjourned, including 24 taken by Start Mortgages Ltd.

Mr Justice McGovern granted an order to Nua Mortgages Ltd on a property in Limerick.

Counsel for the lender said the plaintiff had borrowed €170,000 and was to repay €1,200 a month. But he had made no repayments in 18 months and now owed €20,000 arrears. He had a meeting with the lender in November 2008 and said he had lost his job and was leaving the property.

“The defendant has vanished,” counsel for Nua Mortgages said.

The borrower did not appear in court or send representation.

Mr Justice McGovern put a stay of three months on the order for possession and granted costs to the lender.

In a case involving Bank of Ireland, the borrower had guaranteed an overdraft and a bridging loan totalling almost €300,000 for her company.

The bridging loan, of €255,000, was taken out for a plot of land in 2006 and was to have been repaid within two months, but repayments were never made.

The borrower had not appeared in court on any occasion.

Mr Justice McGovern granted the order for possession with a stay of three months.

In a separate case, counsel for Bank of Ireland said the borrower owed in excess of €1 million for two commercial premises, one in Cashel and one in Tipperary town. But the borrower, who was present in court, produced a letter from his local bank branch that appeared to show he was up to date in his repayments.

“If that is correct it seems most unusual that an order for possession could be sought,” Mr Justice McGovern remarked.

“If you do owe sums, keep negotiations open with the bank; try and work out your differences.”