12 thoughts on “Anything Good In The Waterford News & Star?

  1. Ray

    The registrar didn’t say it was a valid defence, just that he could not adjudicate on it, it would have to be decided by a judge.
    A promissory note is not valid unless the lender accepts it. You can’t just write “I promise to pay you back later” on a piece of paper and post it to the bank. (And then later say “but aha, I signed that with my BIRTH CERT name not my freeman name, and besides, it didn’t bear the seal of the free state so I don’t owe you anything!”)

    On the other hand, maybe the bank said, “Sure, we will happily accept a promissory note as payment for your mortgage”. That is highly plausible.

    1. ivan

      No – the Co Reg *DID* say it was a valid defence…and that once a valid defence comes in front of him, he has to boot it up to the Judge.

      Of course you’re probably right substantively; if the debt was actually paid, I’m sure that the person making this claim has a piece of paper saying ‘Thanks ever so much for the promissory note in respect of account 12345678, it’s all grand so, you can forget about that mortgage hanging over your gaff’…

      1. Ray

        Valid in the sense that Walsh claims he has paid his debt. Paying your debt is a valid defence against being repossessed. But there is disagreement over whether he has done as he claimed, which has to be resolved by a judge.

  2. stephen

    This was doing the rounds before christmas on facebook. The reason it went to the circuit court is not because they were right but because they had a defence and so the county registrar had to refer it on he couldn’t decide whether or not it was valid.

    I had forgotten about this but glad was posted as it says will be dealt with in March and looking at http://www.courts.ie/courts.ie/library3.nsf/16c93c36d3635d5180256e3f003a4580/6049334e78d78d55802578f7002f9639?OpenDocument waterford circuit court will sit for civil cases today and for next 2 days so it should be heard in next few days anyway, and whilst I doubt anything will come of it I am still a bit interested

  3. Ian

    It really sounds as if they didn’t read the law they’re citing…

    “83. (1.) A promissory note is an unconditional promise in writing made by one person to another signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person or to bearer.”

  4. Jonotti

    This is obvious freeman bollocks but sure defer to your legal experts if you’re unsure.

  5. Mr. T.

    Something awry here. How can a Registrar who also acts as a Sheriff be hearing cases involving repossession of property? Surely it’s in their interest to grant repossession orders when they can personally benefit from fees when acting as Sheriff or Bailiff.

    This seems like an anomaly being conveniently ignored.

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