Husband says cost of split led to default


A man who lost his home at the High Court yesterday told his lender the financial obligations caused by his marital separation made him default on his mortgage.

A handwritten record of a phone call in documents filed with the court also showed he had complained his wife “cleaned out his bank account” when they separated.

Counsel for the lender, ACC Bank, said the borrower, an electrician from Co Mayo who did not appear in court, had taken out a loan of €180,000 to buy a shop with three apartments overhead in 2003.

When he separated from his wife, with whom he had three children, he moved in to one of the apartments. He fell behind with his mortgage and now owed over €80,000.

Counsel for the lender told Ms Justice Elizabeth Dunne the case was adjourned on the last occasion because the borrower was working in Sweden and would be home in early December. He had also been contacted during lunch yesterday and had said he was unaware his case was going ahead and could not attend, though there were letters on file telling him of the date.

His separation gave rise to his financial difficulties and was the “primary cause of his default”, counsel for the lender said.

Ms Justice Dunne granted the order for possession with a stay of execution of six months.

Two other orders for possession were also granted.