1st reposession hearing - File an affidavit

G

Gordon Gekko

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Folks

At a first hearing (in front of the registrar), I now know that an adjournment is mandatory. If the borrower is seeking an adjournment on the basis that the property will be put on the market in eight months time, should that be set out in an affidavit, or should it be verbalised to the registrar?

Many thanks.
 
The borrower won't be seeking an adjournment so I don't see any advantage in setting that out in an affidavit now?

They can tell the Registrar their story on the day. If they haven't sold it by the date of the 2nd hearing, they can consider it then.

Brendan
 
Gordon Gekko said:
Folks

At a first hearing (in front of the registrar), I now know that an adjournment is mandatory. If the borrower is seeking an adjournment on the basis that the property will be put on the market in eight months time, should that be set out in an affidavit, or should it be verbalised to the registrar?

Many thanks.
Click to expand...

The Registrar will give the borrower ample opportunity to tell the court about the circumstances. The last thing anybody is expecting is for something to happen on the first date so don't worry.
You can read about my first hearing here [broken link removed] I surprised them a little by giving consent. I'll post the second part in the coming days.
 
Well done Matthew Moore. It's brave to write that and brave to go into court. You must make sure by consenting that social welfare done categorise you as ineligible for social housing.

Your marriage is more important than the house.

What difference does the costs make? Aren't you broke?p
 
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Thanks Bronte. It's a bit of a release for me to write about it. I hope it might shine a light on the procedures for people too.

You're right, marriage and so many other things are much more important that any material items we have lost. I consider us very fortunate in many ways, my wife finds this perspective difficult some times but you have to keep reminding yourself.

Spoiler Alert! Our eligibility for social housing did have a big impact on the proceedings, I must write up a post about it soon now that I'm a little less busy in college.

I am indeed broke. Even though I'm bankrupt, I believe that you are liable for any debts you build up after you have been declared bankrupt. The bank had sent letters stating that the cost of repossession could be €3000 and very often even higher. I didn't want to be in a position where I left bankruptcy on the back foot already.
 
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