HOME AND property repossession orders were granted in 13 cases at the High Court yesterday including one against a separated woman who “needed an order” so that she could go on a local authority housing list.
And in a separate case, Mr Justice John MacMenamin refused to grant costs against a separated couple, who lost their land in Cork, after the court heard that the husband was homeless and was being treated for alcoholism.
Of the 13 properties repossessed yesterday, six were vacant and two were only partly built.
In a case involving Start Mortgages Ltd the court heard a couple borrowed €460,000 in 2008, but fell behind with their repayments and now owed arrears of €64,000.
They had since been separated and had two children aged 16 and 13, who were still living in the family home with their mother. Counsel for the woman said her client “needed an order” so that she could join her local authority housing waiting list.
The man, who appeared in court alone, said he was not in a position to object to the order.
Justice MacMenamin granted the order with a six-month stay, or delay on its execution.
He also gave permission for the woman to apply for an extension of the stay if she had a specific difficulty getting housed within the six-month period.
In another case involving a separated couple, the court heard they had borrowed €277,000 over 20 years from ACC Bank on land and stables beside their family home in Cork in 2003. They fell into arrears in 2006 and no further payments were made on the debt.
They now owed arrears of just over €35,500 and a debt totalling over €310,000.
Counsel for the lender said they were not sure what had happened to the family home.
On the last occasion the court had given the husband extra time to try to sell the land and pay off the debt, but that hadn’t happened, he said.
The man was in receipt of social welfare and did not have the means to pay the debt and his wife had moved away to Cork, the court heard.
In a letter to the court, the man’s solicitors had said he was homeless and was currently an inpatient receiving treatment for alcohol addiction.
Justice MacMenamin said matters had reached a stage where he could only grant the order for possession.
He put a six-month stay on the order. But when counsel for ACC asked for his costs, the judge refused, though costs are almost always awarded against the borrower when a lender is granted an order for possession.
“I am not willing to grant costs in the circumstances of this particular case,” he said.
Two orders for possession were granted to GE Capital Woodchester Home Loans Ltd on properties that were unfinished.
GE Capital received four orders in all, as did Start Mortgages.
ACC Bank got two orders and Ulster Bank, AIB and Bank of Scotland got one order each.
