Here is my report from Trim Court on 23 November
Again, the Registrar introduced proceedings with the same words as she did the last time.
“If this is your first time in court, you may or may not know how to proceed. Even at this late stage, most cases are resolved. There are two authorised organisations outside – MABS and the Insolvency Service. Ask for an adjournment to consult them.
Repossessions are very rare. There has been only a handful of actual repossessions in Meath and Louth in recent years, despite what you read in the papers. Most are for vacant and abandoned properties. Take advice from the authorised groups. I will give you whatever time it takes”
Interesting cases
A) Arrears of €60k on a mortgage of €165k. One payment of €50 made in the last 5 years. The borrower had contacted MABS recently and has made an appointment to meet them on 11 January. Adjourned to 24 February. The Registrar said "They may be able to work something out, although it doesn't sound hopeful."
B) The lender was unable to serve proceedings on the owners as the house is rented. The tenants wouldn't say to whom they are paying rent but confirmed that the owners have not lived there for some time. As the lender could not serve the proceedings in person on the mortgage holder, the court granted them permission to serve notice by registered mail. The case was adjourned to the 9th May.
C) The property is abandoned and vacant. But as it's a family home, Circuit Court procedures says that there has to be an adjournment on the first appearance in court. Adjourned initially to 23 May, but the Registrar changed it to 11 January under the circumstances.
D) Solicitor for EBS could not proceed as they had not yet received a Certificate of Rateable Valuation from the Valuation Office. (This is needed to show that the house is not a mansion and so should be in the High Court) The sole borrower said she had no objection to an order being granted. She is no longer living there and she is talking to Grant Thornton about a PIA. The solicitor for the EBS felt that the borrower should not give consent without professional advice. Adjourned to 25 January.
E) The borrower had agreed to voluntary surrender but would not consent to an order for possession as "we would still be liable for the shortfall." The lender's offer of voluntary surrender had expired. Case adjourned to January.
F) Start Mortgages vs. Ben Gilroy. It was quick and hard to follow. He was present in court but did not speak. The Civil Bill had expired so the lender has to apply to the judge to renew it or extend it. Adjourned to 13th June.
G) Property has been vacant for 4 years. The bank has been unable to locate the mortgage holder. The bank applied for permission to serve notice by registered post. Adjourned to 24 February.
H) Lender applied for adjournment. Borrower asked to address the court. He has been paying €700 per month for some time. The interest is €400. He wants a long term deal. The bank wants a new SFS. Nothing has changed since the last SFS. The Registrar told him to submit a new one saying that nothing has changed. Adjourned to 23 May.
I) It was the first time in court, so although the borrower now lives in Australia, it was adjourned to 23 May, as it was the first time in court.
J) A financial advisor addressed the Registrar on behalf of the borrower. Usually only solicitors are allowed to address the court, so it's good to see the Registrar not enforcing this strictly.
K) An apartment. Lots of post and junk mail lying around so it appears to be vacant. Order for substitute service by registered mail granted. Adjourned to 23 May.
L) The insurance company has told the borrower to vacate the building as it's a fire hazard. There is nothing to be gained by granting an order for possession. Borrower talking to MABS.
M) BoI wanted to proceed with an order. Solicitor for defendant said that there was equity in the property and that the borrower proposed to sell it. Bank said that they had got an adjournment on that basis the last time. Nothing paid since 9/2013. Registrar granted a peremptory adjournment against the borrower to 24 February . This means that if it's not sold, the court will grant an order on that date.
