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You are here:  Home  >>  Press  >>  Judge says Start Mortgages can repossess couple’s home
Judge says Start Mortgages can repossess couple’s home
The Irish Times - January 13th 2015
      
Start Mortgages Ltd has been given permission by the High Court to execute an order for possession, first issued in early 2007, for a family home in Co Meath. 
      
Documents filed in the case by the lender show the family had borrowed €110,000 for their home in early 2005 with monthly repayments of €1,260. They were both working for the same business, but they quickly fell behind with their mortgage repayments. By December 2006, they had arrears of €8,800.

They subsequently lost their jobs and fell further behind. Legal action was taken against them and an order for possession was granted at the High Court, which was ready to be executed in early 2007.
   
      
The couple then engaged with the lender, documents show, and some progress was made. They managed to pay off some of their arrears and between May 2008 and April 2010 they were making regular payments to the lender.

A six-month arrangement was offered to them in April 2011 of €406 a month for six months, but they did not keep to the arrangement, the documents said.

Circumstances worsened
Their circumstances worsened again and they paid nothing at all from November 2011 to September 2013, after which they paid €54 a month.

Financial statements filed with the lender and provided to the court show the couple had a total income of €1,464 a month from the Department of Social Protection.
      
A handwritten note said they hoped to receive money from a son who had gone to Australia.

Ms Justice Caroline Costello was told by counsel for the lender that documents for the case were posted to the couple’s home on December 23rd. They were not present in court for the proceedings.

There had been phone contact and the lender had expected the couple might have had legal representation in court, but none appeared.

Court rules Under court rules, if an order for possession has not been executed within six years of being issued, an application must be made at the High Court for permission to execute it.

Having read the documents on file, Ms Justice Costello said she was satisfied the lender was
 entitled to execute possession. The lender was also entitled to its legal costs, she said.

The case was among 28 property possession cases listed before the judge yesterday, 19 of which were taken by Start Mortgages Ltd.

Also before Ms Justice Costello, 10 people were declared bankrupt. Many of those applying for bankruptcy did not have solicitors and had filed their documents having consulted with a personal insolvency practitioner and having been approved by the Insolvency Service of Ireland. There were a total of 54 cases on the bankruptcy list.
 
      
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Dillon Geraghty & Co. Solicitors:
Belmont, O' Crowney Street, Athboy, Co. Meath & 36 Brews Hill, Navan, Co. Meath
Phone: (046) 943 2583 / 4 or (046) 943 0917|Fax: (046) 943 2716|Email: info@dillongeraghty.ie
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