FG deputy speaks on behalf of couple in debt

FINE GAEL Deputy Bernard Durkan attended the High Court yesterday to speak on behalf of a couple who had fallen behind with their mortgage.

Some 11 orders for possession were granted by Mr Justice Kevin Feeney at the chancery summonses court, with 65 cases listed for hearing.

IIB Homeloans Ltd was granted five orders, Start Mortgages Ltd was granted four and ACC Bank Plc and GE Capital Woodchester were granted one order each.

Mr Durkan appeared at the court to advocate for a Kildare couple who had fallen behind with their mortgage. The couple owed in excess of €30,000 arrears to Start Mortgages. They had four children and the man was no longer living in the family home.

The solicitor who had been dealing with the case had applied to be taken “off record” as the couple’s representative.

Mr Justice Feeney asked the couple why the solicitor no longer wanted to represent them.

“We haven’t the money to pay him,” the woman said.

Mr Durkan said he was present as the family’s local representative. He told the judge the family were in a very precarious financial position. The woman had applied for mortgage interest supplement, a social welfare supplement that covers the interest portion of a mortgage for unemployed people, but because of the arrears on the mortgage could not get it.

“It would be hugely beneficial to bring this to a closure as quickly as possible,” he said.

He told the judge the family wanted an order of possession to be granted as quickly as possible because their financial position was getting worse every day and they would have no way of discharging their debt.

Mr Justice Feeney asked the couple if they agreed with what had been said on their behalf in court. They said they did. The judge granted an order of possession with a stay of two weeks.

Speaking afterwards, Mr Durkan said it was a disgrace that the one-income family had been encouraged to take out a mortgage with repayments of €2,100 a month. Once the husband lost his job and had to take on a job with less income, the couple could not make the repayments.

“There is injudicious borrowing, but there is also such a thing as injudicious lending,” he said.

An application for an order of possession by Stepstone Mortgages could not be granted. The court was told the defendant had contacted the mortgage company to tell them the house in question had burned down over the weekend. “It does appear to be a significant alteration,” the judge said. Counsel for Stepstone said they knew nothing of the circumstances other than what the defendant had told them. Mr Justice Feeney said they should verify the position and take instruction. There was a possibility of insurance, he said.

In another case involving Start Mortgages, the court was asked to put a stay on an application for an order of possession. Counsel for the mortgagee said he was taking legal action against both his mortgage provider and mortgage adviser, Moneypenny.

Counsel for the defendant said his client believed a false piece of information had been inserted on his application by the mortgage adviser and Start Mortgages had “turned a blind eye to it”.

He had arrears of €30,000 on the property and was living with his parents, the court was told, but had rented out the property.

The judge adjourned the case for four weeks.