Tag Archives: Repossession

Áine Fitzgerald, in the Limerick Leader, writes:

A bank’s effort to repossess the house of a woman in Limerick has been described as “scandalous, inhuman and an evil state of affairs”.

The woman in her 50s with one child owes just €16,000 on the property which is worth over €300,000. She was five months in arrears.

She ended up in Croom Hospital after an “extremely serious accident,” and contacted the bank to explain her situation and vowed to repay the money owed. She is incapacitated on ongoing basis.

But last week the Bank of Ireland brought an application at the Repossession Court to have the house repossessed, which was vehemently opposed by her solicitor, Ger O’Neill.

‘Evil move’ by bank to repossess home of sick Limerick mum (Limerick Leader)

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Cork Circuit Court

You may recall a post from Monday.

It was about an item on Today with Seán O’Rourke, in which journalist Brian O’Connell reported on repossession cases that were heard last Wednesday at Cork Circuit Court.

On that day, there were 52 cases before the court involving a family home.

Today, there are 40 such cases listed in the Cork Circuit Court – also all involving a family home.

Specifically, on Wednesday, Mr O’Connell spoke to a mother of five in Cork who appeared in court without the knowledge of her family.

The woman’s house is back in positive equity, and it was reported that her debt amounts to around €30,000.

Her repayments are €800 a month but she can only afford €500 a month.

She was just after receiving an adjournment until May when Mr O’Connell spoke to her.

Very distressed, she told Mr O’Connell:

I don’t have Christmas decorations up, I don’t have any Christmas shopping done, I actually, I love Christmas, but I can’t think. You don’t think about anything else, when this is going on.”

“My youngest, the other day, he wanted change for a collection for Focus and he said, ‘Mum, at least we’ll help some homeless person’ and I’m actually thinking ‘that could be you’. And it’s so tough and it’s so hard…”

“I can feel my whole body crumbling. I’m so tired, so weary all the time. I’d give anything just to sleep, sleep, just to actually not be thinking constantly, not be worrying constantly.”

Further to this…

Mr O’Connell spoke to the woman last night – after she received a call from an unidentified woman who said they wanted to pay €10,000 towards her arrears.

Mr O’Connell said, in total, some €15,000 in donations have been made to the woman in the past two days.

She told Mr O’Connell:

“I cannot believe the reaction to this. I have just spoken to a woman who wants to pay off some of the arrears on my account. A substantial amount of the arrears. What amazes me is people’s generosity. But the thing is, going through all of this, you feel so worthless. I actually feel quite bubbling inside at the moment.”

I feel, I’ve got a chance, I actually have got  a chance for the first time in years but now I’m crying again and I, but for a totally different reason. I don’t want to name the woman, in case she doesn’t want to be known but she knows we’ve just been speaking. Thank you so much, thank you and please, please know that what you have done is just I feel I can walk a little taller again.”

I cannot honestly put into words what I feel at the moment…I want to thank them so much, every single person that got in touch…people are so good. [I’ll have] a completely different Christmas. Honestly, I’ve put up my decorations. I’m smiling a bit more, I am definitely a lot more cheerful, I actually think I’m going to make it through this. I have had no hope for so long. All I’ve been thinking about ‘how long, how long more can I hold on?’ ‘Can I make it through this occasion, can I just make it through this occasion?”

Previously: ‘I’d Give Anything Just To Sleep…To Not Be Thinking Constantly, Not Be Worrying’

 

 

Dunne Judgement?

Meanwhile…

 

Earlier: Meanwhile, In Kanturk

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Irish Council for Civil Liberties – Know Your Rights

Martin accuses Taoiseach of “washing his hands” of Kanturk eviction (Eoin English, Irish Examiner)

Pic: John Delea

Previously: Meanwhile, In Kanturk

You may remember the ‘Scenes From A Repossession’ post and some rather stern comments (possibly from the legal ‘community’) that the man stopping the sheriff was talking constitutional hoo ha.

This has just come in from “Trevor’:

“I only came across this last night and it made for fascinating viewing. Let’s analyse it rationally and calmly from a legal point of view.

Failure to pay a debt is not a criminal offence. In mortgage cases, this is a civil matter. It is an argument between two sides about whether a contract has been broken. The law in this area has nothing to do with what is morally right or just. As this is the case, there is no need to go into that issue. It is irrelevant.

You are absolutely 100% correct; nobody has the right to enter your land/property except for certain clearly defined purposes (such as the gardai in CRIMINAL matters, TV licence inspectors, environmental health etc). If somebody other than those individuals ask to enter your land/property you are quite within your rights to say no and request them to leave.

You are correct to say that the constitution offers protection for this matter also. This whole area needs to be challenged.

The sheriff has no legal right to enter on to your property.

As no criminal offence has been committed by the property owner, the gardai have no right to enter your land. They can ask and you are perfectly entitled to say no. Furthermore, it could also be argued if they do enter your land without your permission, (gardai or sheriff) they have committed the tort of trespass, for which they can be held liable for in the courts.

The separation of powers issue between the sheriff/registrar is another clear-cut case of a severe problem which has been allowed to quietly fester for years, simply because the main victims of the process were powerless individuals who hadn’t got the money to bring this to court.

(I would also suspect that part of the reason for the relatively low number of repossessions is because the banks/courts know that there are major problems with the law here. The banks & government then spin this to give the appearance that they are acting fairly.)

Once again, the main reason why they could get away with it for so long was because usually individuals who are in such a situation have little or no means to enforce their legal rights. It is too expensive to go to court.

The law is selectively interpreted by the registrar/sheriff and because people have usually been traumatised or shocked by the situation they find themselves in, they feel intimidated by a delegation with the gardai in tow turning up on their doorsteps. They feel that they have two choices; either go along with it or else they do something silly which then transforms the issue into a criminal matter.

I would also question the practice of the gardai being present in such cases. Although I am sure that sheriffs have been attacked in the past, the mere presence of the gardai serves to further intimidate the individual homeowner. The gardai have no authority to intervene unless a crime is committed during the process of the sheriff trying to enter your land (such as punching him). That’s it. If the guards do anything else they are probably acting unlawfully.

The gardai, if they are to retain the consent and respect of the community in which they operate should be very careful not to allow themselves to be drawn into these matters. The gardai need to actively demonstrate that they are impartial and not take one side or the other of the argument.

Once again, no crime has been committed through a failure to pay any debts. The gardai should not intervene unless a criminal offence is committed.

The lesson is; keep calm, don’t be intimidated, have witnesses who stay cool, video everything (the guards have no power to stop you), expain your points clearly, consistently and repeat them over and over again (don’t swear). The sheriff may attempt to bamboozle you with documents and paperwork but don’t get drawn into an argument in which he sets the rules.

The whole situation is basically a con trick based on intimidation and an illusion of legality. The simple fact is that the sheriff cannot enter your property unless you permit him to do so.

That’s it”

httpv://www.youtube.com/watch?v=PpUjl4LvQM8

From You Tuber freedomfromalldebt:

Yesterday (February 20) the deputy Sheriff arrived at another Irish family home to repossess it and give the keys to the bank in Co Laois. Thus putting another Irish family onto the streets. Ben Gilroy from FreedomFromAllDebt.com questions the sheriff outside the gates to the house

And a fascinating, if confusing, constitutional debate ensues.

Thanks Han