POSSESSION OF the home of businessman Patrick Cruise O’Brien and his sister Margaret, at Howth Summit, Howth, Co Dublin, is being sought by Irish Nationwide Building Society.
Barrister Anne Lawlor, counsel for the building society, told County Registrar Susan Ryan, that Mr Cruise O’Brien had some financial difficulties outside the Irish jurisdiction but she did not know what the circumstances were.
She said there was now serious negative equity with regard to the property on which there is an outstanding mortgage balance of €1,431,409. An affidavit handed into court showed arrears outstanding at €144,432. A current valuation given to the County Registrar’s court was €800,000.
Ms Lawlor said that since the society sought possession of the house, the Cruise O’Briens had not engaged at all with Irish Nationwide and nothing had been paid off the mortgage for the past 16 months. Mortgage repayments were stated to be €8,119.86 per month.
She told Ms Ryan the building society had been making serious efforts since September last to engage with the defendants as there was “a person still living in the house” formerly known as Bayview but now known as Whitewater, Howth Summit, Howth.
The house was the family home of the Cruise O’Briens, children of the late former minister Dr Conor Cruise O’Brien and Máire Mhac an tSaoi.
Ms Ryan said she was concerned that none of the defendants had turned up in court and, since it was the first time the application had come before her, she would allow them one adjournment. She asked Ms Lawlor to have the society write to the two defendants telling them the court had ruled that if they did not appear in October she would have to make an order for possession of the house.
Ms Ryan said both defendants had been properly served and the society’s proofs were in order.