AIB vs Mother and Son - Mother represented by a solicitor - son represented himself.
Case started in early 2016
€745k loan, €209k arrears
Solicitor handed in a letter to the Registrar which was not read to the court.
The mother is in her late 70s, the son is not consenting to a valuation being done.
Solicitor for the mother: This raises substantial issues relating to the nature of the borrowing. The woman lives in the house with her son and two grandchildren.
Son: I am divorced. I have a PIP working on my behalf.
R: What is happening with the real issue of payment of the mortgage?
Solicitor: My client is in her late 80s.
Registrar: Her age is irrelevant – she might be 20 or 120.
Solicitor : The bank gave her the mortgage when she was 67. They should have looked at her circumstances.
Registrar: She had a solicitor when she bought the house.
Solicitor: She was asked to co-guarantee
Registrar: There is a legal principle – money borrowed must be paid back.
Solictior: It’s unconscionable that…
Registrar: What do you want?
Solicitor: 2 months adjournment to have her medically assessed
Registrar: Will an adjournment help them? The arrears are rising. You want an adjournment so that you can then ask for another one. Deal with the reality.
Son: I am trying to do a deal with them. I am paying them €1,300 a month. The monthly repayment should be €4,100. My mother has dementia.
Registrar: Are you working?
Borrower: No – but I am applying for jobs every day
Registrar: The bank does not have to house you
Borrower: But they won’t engage with me.
Registrar: What did you do?
Borrower: I worked in a technology company that went bankrupt
Registrar: Adjourned for 4 months on condition that you pay €1,300 per month . If you don’t pay, the bank may return to court within 7 days.
Money must be repaid – if you don’t pay, the bank will return to court and you will lose your house.
Borrower: Your mother may need a home.
Borrower: We don’t want that.
Registrar: This man does not understand when he is being helped.
Solicitor for the bank: Could you order him to consent to the valuation.
Registrar: And you are to consent to the valuation.
Adjourned to 11 June