Brendan Burgess
Founder
- Messages
- 52,266
[FONT="]Subsection (1) makes it clear that the provision relates only to principal private residences. The provision is worded to allow for situations where the mortgage on the[FONT="]2._(1) This section applies to land which is the principal private residence of the mortgagor or a person whose consent would be required under the Family Home Protection Aet 1976 to the conveyance within the meaning of that Act of an interest in that land.[/FONT]
[FONT="][FONT="](2) [/FONT][FONT="]In [/FONT][FONT="]any proceedings brought by a mortgagee seeking an order for possession of land to which the mortgage relates in a case to which this section applies, the court, without prejudice to any other power which a court may have to adjourn proceedings, may-[/FONT]
[FONT="](a) of its own motion, if it considers it appropriate to do so,[/FONT]
[FONT="](b) on application being made to the court by a relevant person and having regard to the matters specified in subsection (3), ifit considers it appropriate to do so,[/FONT]
[FONT="]adjourn the proceedings for a period not exceeding 2 months to enable the relevant person -[/FONT]
[FONT="](i) to consult with a personal insolvency practitioner with a view to the making of a proposal for a Personal Insolvency Arrangement, and[/FONT]
[FONT="](ii) where appropriate, to instruct the personal insolvency practitioner to make a proposal for a Personal Insolvency Arrangement under the Act o f2012.[/FONT]
[FONT="]Subsection (3) outlines certain matters the court may take into account in its consideration of the application for an adjournment. These include whether the borrower has engaged in a process relating to mortgage arrears, whether payments have been made by the borrower in the preceding 12 months, whether the matter has been adjourned previously and the conduct of the parties to the mortgage in seeking to resolve issues concerning arrears on the mortgage.[/FONT][FONT="](3) The court in considering an application under subsection (2)(b) shall have regard to such matters as it considers appropriate and in particular shall have regard to the following:[/FONT]
[FONT="](a) whether the mortgagor has participated in any process relating to mortgage arrears operated by the mortgagee concerned which has been approved or required by the Central Bank. of[/FONT] [FONT="]Ireland and which process relates to the land the subject of the[/FONT] [FONT="]mortgage;[/FONT]
[FONT="](b) whether the mortgagor has made any payments to the mortgagee in respect of monies advanced on foot of or secured by the mortgage in the 12 months immediately preceding the application and, [/FONT][FONT="]if [/FONT][FONT="]so, the amount of any such payments, the number and frequency of such payments, and the proportion which the amounts paid bear to the amount of any regular payments which the mortgagor was required to make under the terms of the mortgage or any associated loan agreement;[/FONT]
[FONT="](c) whether the proceedings have been adjourned on any previous occasion at the request of the mortgagor, and, if so, the number of any such adjournments and the period of such adjournments and the reasons for such adjournments;[/FONT]
[FONT="](d) the conduct of the parties to the mortgage in any attempt to find a resolution to the issue of dealing with arrears of payments due on foot of the mortgage; and[/FONT]
[FONT="](e) whether, having regard to the circumstances of the case, the application for an adjournment appears to the court to be[/FONT] [FONT="]primarily for the purpose of delaying the progress of the proceedings.[/FONT]
[FONT="]Subsection (4) provides that at the end of the adjournment period the court may grant a further adjournment if it considers that sufficient progress has been made on the[FONT="](4) On the expiry of any period of adjournment granted under [/FONT][FONT="]subsection [/FONT][FONT="](2), the court may grant a further adjournment of the proceedings concerned where it considers that [/FONT][FONT="]signi [/FONT][FONT="]ficant progress has been made in the preparation of a proposal for a Personal Insolvency Arrangement.[/FONT]
[FONT="](5) This section applies as respects mortgages created before or after the coming into operation of Part 10 of the Land and Conveyancing Law Reform Act[/FONT]
[FONT="]2009.[/FONT]
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