Judge tells estranged couple to tackle overdue mortgage

A High Court judge has urged an estranged husband and wife to deal with the “reality of the situation” concerning two mortgaged properties belonging to them on which no repayments have been made since 2008.

Ms Justice Carmel Stewart made the remark after ruling Simon Coyle of Mazars was validly appointed as receiver over properties in Galway of Jimmy Quinn and Edel Burke. The properties are at Cuirt Seoige, Grelaishtown, Townparks, and at Ballypoint, Salthill.

The judge also granted various injunctions restraining the defendants residing, entering or renting out the properties or interfering with any sale of the properties.

Mr Coyle was appointed receiver over the properties by ICS Building Society in 2014 arising from loans given in 2006 to the couple to acquire the properties. They defaulted on repayment, and judgment of €795,000 was obtained against them in June 2014.

Following a transfer approved by the Central Bank in 2014, Bank of Ireland acquired certain assets from ICS, including mortgage loans.

The defendants, with an address at Annagh West, Annaghdown, Co Galway, are involved in the equine business.

Ms Burke told the court she and Mr Quinn had separated but remain in business together and she lives in the Cuirt Seoige property.

In opposing the receiver’s application, the defendants argued the receiver’s deed of appointment had not been validly executed and was invalid.

Anti-eviction activist

They represented themselves in the proceedings and were assisted by anti-eviction activist Ben Gilroy.

Brian Foley, for Mr Coyle, said the receiver’s appointment was “perfectly valid” and the couple had made out no case against that. The orders were sought because the couple had frustrated the receiver, refused to hand over the properties and rented out one of the properties, he said. It was also claimed the couple threatened the receiver with the application of criminal law.

The receiver did not know how much rent was received by the defendants in respect of the properties, it was stated.

Dismissing the defendants’ arguments, Ms Justice Stewart said she was satisfied Mr Coyle’s appointment was valid.

Noting the defendants had made no repayments on the properties since 2008, the judge said they needed to deal with “the reality of the situation”, “face the music” and come to an arrangement with the bank concerning the properties.

The judge also agreed with a suggestion Ms Burke speak to the receiver about paying rent so she can remain on at Cuirt Seoige. “It is not in anybody’s interest that there be any further delays,” the judge said.

The judge has stayed her orders for eight weeks to see if the parties can come to an arrangement, failing which the orders will become effective.