Judge hears 61 mortgage cases

PERMISSION TO repossess five properties was granted to mortgage providers in the High Court yesterday following a session in which 61 cases were listed.

But Ms Justice Elizabeth Dunne reserved her decision to grant an order for sale on a house owned by a Dublin woman who had embezzled €165,000 from her employer.

Dublin company Drillfix Ltd sought an order for sale on the home of its former employee Mable Savage. The company already had a judgment against Ms Savage, ordering her to pay it €165,000 she had embezzled while working as a secretary.

She lived with her sister in Crumlin in a home valued at €350,000 and with an outstanding mortgage of €180,000.

Her sister had told the company what Ms Savage had done in 2005, the court heard, and was an innocent party. Ms Savage had been “unwell at the time of her actions”.

The court was told the women, both approaching retirement age, would be made homeless if they were forced to sell their property and the company would only receive just over €80,000 once the mortgage was cleared.

They initially offered the company €40,000 raised through a loan, but that offer was refused and the money spent, the court heard. They were now offering €200 a month to repay the debt and could not raise a loan.

Asked by Ms Savage’s counsel to note that the company was successful and would not be hurt by not being granted the order for sale, Ms Justice Dunne pointed out the money had been embezzled.

She said she would reserve her judgment, but did not specify a date.

GE Capital Woodchester Home Loans Ltd was granted an order of possession against a couple who had taken out a mortgage of €270,000 in 2006 on their home in Newbridge, Co Kildare, and subsequently topped it up by €60,000.

There were marital difficulties, the mortgage fell into arrears and over €40,000 was owed in back payments.

The court heard the woman remained in the home and was written to, but her husband was “of no fixed abode”. There had been no payments at all made in the last year and the bank had heard nothing from the woman’s solicitor, despite adjournments to give her an opportunity to be heard.

Ms Justice Dunne said it was unfortunate that the defendants had not taken the opportunity to be heard in court. “In the circumstances, there is very little I can do except make an order for possession,” she said.

In view of the “particular difficulties”, she said she would put a stay of six months on the order of possession.

An order of possession agreed between Start Mortgages Ltd and a homeowner was granted.

The homeowner, from Galway, told the judge she had travelled up for the case and agreed to the order. Asked if she also understood she was consenting to pay the mortgage company’s costs, the woman said she did.

Ms Justice Dunne put a three-month stay on the order.

But in a second case of mutual consent involving Start Mortgages, the judge refused to grant an order. The property was rented out and the tenant was unaware of the legal action, the court heard.

“I have never made an order knowing there is someone out there whose interests might be affected,” she said.