My mother sold her house to move closer to her family 10 years ago. I took out a mortgage with Bank of Scotland to make up the shortfall so the property is in my name. It is an interest only mortgage. A few years ago I lost you job and fell €5000 into arrears. When the bank started threatening to repossess I borrowed money from my sister and cleared the arrears. The bank however still appointed a receiver. Three years later we have made all repayments on time but the receiver has given my mother notice to vacate - the week before Christmas. She's 77 and in a terrible state. Can they do this? Please help, I'm desperate!!
Hi Carol
Why have you not done anything about this in the last three years?
Depending on your mother's lease, the Receiver has the power to terminate the lease. "Evict" and "before Christmas" are emotive terms. This is 28th August, so it's hardly the week before Xmas.
The key issue here is that BoSI seems to be appointing receivers at the drop of a hat. But that was three years ago.
You should try to refinance the mortgage with another lender, but it's probably not possible now if you have been in arrears.
CarolC,
If, as you have stated, the arrears were cleared before the receiver was appointed and you have not defaulted on your mortgage agreement since, an Irish Court will certainly not evict you. You have the legal defence of legitimate expectation in that you believed, due to the passage of time, that the lender had waived his rights with regard the appointment of the receiver. Indeed you can demonstrate this to the court by the very fact that the receiver did not take any action against you until three years after his appointment and in the interim you have not missed a payment on the mortgage.
Another legal defence is that you were not in arrears at the time the receiver was appointed subject to deed.
Carol, see who appointed the receiver, Bank of Scotland or Bank of Scotland ( Ireland ). This fact can make a whole lot of difference to your Mother's situation. Please reply to this query.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?