Judge allows bank to repossess residence

A judge has granted orders for a residence and a licensed premises to be repossessed and also ordered the sale of lands.

A judge has granted orders for a residence and a licensed premises to be repossessed and also ordered the sale of lands.

Mr Justice Brian McGovern yesterday placed a stay of three months on two of the orders because of the time of year.

In the first case, Ulster Bank was seeking repossession of the Co Kildare home of a man and woman. The pair had missed 39 mortgage repayments to the bank of about €844 each and as of last April owed €217,000.

The court head the case had been adjourned a number of times to give the defendants a chance to respond, but they had not. Because the pair were not married, this was not considered a family home, counsel said.

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Mr Justice McGovern granted an order for possession and costs but because of the time of year, he was putting a stay of three months on the order.

In the second case, the court heard that a Co Mayo man, who did not appear in court, owed Bank of Ireland €642,000. The man got a €571,000 commercial loan in February 2002 and a bridging loan of €40,000 in the same month. The court heard that a licensed premises in Ballyhaunis, Co Mayo, had been used as security for the loans.

Counsel for the bank said the man had not responded to letters he had been sent. Mr Justice McGovern said he was granting the application for repossession and legal costs.

The third case was taken by AIB looking for payment enforced by sale of lands. The court heard the defendant had used land to back up a loan of €52,500. The defendant was not in court and had not responded to any letters about the matter.

Mr Justice McGovern granted the order for sale and costs. However, he said he had one month to dispute it and placed a three-month stay on the order.

Genevieve Carbery

Genevieve Carbery

Genevieve Carbery is Deputy Head of Audience at The Irish Times