Possession of nine properties granted

ORDERS FOR possession of homes and properties were granted to banks and mortgage lenders in nine cases before the High Court in its first sitting of the new term yesterday.

Some 46 cases appeared on the Chancery Summonses list before Ms Justice Elizabeth Dunne. She said that next week's list was "very, very heavy".

Some 21 of the 46 cases were taken by Start Mortgages, which offers loans to people who have been turned down by the main banks and building societies. Six of the nine possession orders went to Start Mortgages.

None of the defendants were in court to give evidence. Ms Justice Dunne placed stays on the orders varying from three to six months.

Other lenders who had cases listed included GE Capital Woodchester, IIB Homeloans, ACC Bank and AIB. Many of the cases were adjourned, either with the consent of both parties or to give defendants more time to resolve their difficulties.

In one case involving GE Capital Woodchester about €362,000 was outstanding on a mortgage on a family home.

The court heard that four children, aged from 16 to 19, were living in the house. The home owners had tried to sell the house four times but the sale fell through on all occasions.

Ms Justice Dunne said she accepted that the defendants had made genuine efforts to sell the house, particularly as they had reduced the asking price from €1.8 million to about €900,000.

However, the case had come before the court more than a year previously and no practical progress had been made.

She granted an order for possession but placed a six-month stay on it to give the defendants time to make substantial repayments if the possibility arose.

Another case involved Newbridge Credit Union, which was "under severe pressure" to conclude it, involving a principal sum of €32,771.

The case had come before the court on several occasions this year and the Money Advice and Budgeting Service was involved, Ms Justice Dunne heard.

She granted a well-charging order on the property. This registers the credit union's interest in the property and involves a declaration that the debt owing to the credit union is "well charged" on the defendant's interest in the property.

Start Mortgages won an order for possession of a property in Co Westmeath which involved arrears of about €22,000 on a loan of €200,000.

The court heard that only five mortgage payments had been made on the loan, which was taken out in September 2006.

In a case involving a €350,000 mortgage with ACC Bank, the court heard that the defendant's business had failed, but he had set up another business. He was seeking an adjournment of four to six weeks to allow time for refinancing. Ms Justice Dunne put the case back for four weeks.

AIB was granted possession of a premises in Co Kerry in a case involving an €85,000 debt. Ms Justice Dunne said the lender had no option, as it had taken all the correct actions and the premises was lying unoccupied for some time.