A MAN and woman have lost their High Court move to prevent a bank including their family home in an order for repossession of several properties arising out of their default on mortgages. Tom and Corrine Mannion, Doughiska, Merlin Park, Galway, had applied to set aside an order of April 29th, 2009, directing them to deliver up possession of properties, including the family home in Doughiska, to Bank of Scotland Ireland Ltd.
They claimed they never gave consent to have the home included. They also claimed their former solicitors, Bruen Glynn Co, did not have authority from them to give such consent when Mr Justice John MacMenamin made the order to deliver up all properties on April 29th.
They asked Ms Justice Mary Laffoy to set aside that portion of Mr Justice MacMenamin’s order relating to the family property. If that part of the order was set aside, they claimed they would have an opportunity to defend the bank’s claim for possession of their home on grounds the bank had no security over that property. The bank had denied that claim.
Yesterday, Ms Justice Laffoy said she had no jurisdiction to set aside part of the possession order.