Tanager vs. Ralf Kane in the High Court

Brendan, some sound advice there from you to your clients! However in most if not all cases TANAGER are not going into to have tea and cake with the mortgage holder and the registrar! They will ask the Registrar for the possession order there and then irrespective of what proposal you put to them ! It's not exageration to suggest that if the mortgage holder, or wife, husband, son , daughter , cat , dog etc has just collapsed in front of the registrar? Tanager would step over the injured party and still demand the possession order!

They don't play by the rules, only there own, and perhaps when the rule of law suits them ? so you have to remind them of The Rules! By all means have your clients state their case and demonstrate their efforts been made and their good bona fides. However IMHO they are going to need more than that ?


No offence mean't by myself to anybody here , I base this on my own experience with Tanager. Good Luck to you and your clients!
 
Hi Rambo

I have not yet seen any Registrar granting an order for possession against a borrower who was paying anything significant and who showed up in court. Until that changes, that is the best strategy for hanging on to your home.

Tanager and any other lender can be as brutal as they like, but they won't get orders against people who are paying their mortgage.

I have seen people challenging the legal basis of the case, and the Registrars and Judges have no time for them at all. The best one can hope for is to get the case sent by the Registrar to the Judge's List. The judge seems much more likely to grant an order than the Registrar. These legal arguments are a stupid strategy unless you are a deliberate defaulter and want to live in your house and pay nothing.

Brendan
 
Hopefully the recent Shoreline case in the High Court will coax Tanager to start engaging with people and enter into ARA's. This way Tanager does not have to pay those Hefty Legal Fees unnecessarily. Let common sense prevail. I also note that the automatic capitalization of arrears has been deemed by the Courts in the UK to be a bar to possession for the charge holder.

On a separate note why did Kane not challenge the Property Registration Authority (PRA) through the Land Registry Court, for allowing BOS Plc to transfer the charge to Tanager, when BOS Plc were not the registered charge holder. Obviously didn't have or take proper legal advice. Maybe that is why Tanager decided to use Kane as a test case. Kane would most likely have been successful if he took this route.
 
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IdesofMarch said:
Hopefully the recent Shoreline case in the High Court will coax Tanager to start engaging with people and enter into ARA's. This way Tanager does not have to pay those Hefty Legal Fees unnecessarily. Let common sense prevail. I also note that the automatic capitalization of arrears has been deemed by the Courts in the UK to be a bar to possession for the charge holder.

On a separate note why did Kane not challenge the Property Registration Authority (PRA) through the Land Registry Court, for allowing BOS Plc to transfer the charge to Tanager, when BOS Plc were not the registered charge holder. Obviously didn't have or take proper legal advice. Maybe that is why Tanager decided to use Kane as a test case. Kane would most likely have been successful if he took this route.
Click to expand...
Their is currently another case involving Bosi and another vulture fund in the land registry court
 
If I was being pursued by Tanager, whilst still making repayments, this is the avenue of defence I would choose.
 
Well great news today for all tanager customers.Justice noonan stated that he could not make a decision on the case, and that the case would have to be forwarded to the supreme court for decision.This basically puts a stop to all tanager cases going forward, huge respect for ralf kane and the courage he is shown in dealing with this vulture fund/tanager!!!!!!!
 
What will you say to all these people now who have been paying Tanager. Now that Rolf the chancer has put a spanner in the works.
If and only if he altimitly wins. Will all the people who have payed while calling people like Rolf names be looking for refunds. They probibly paid Irish water as well.
 
Hi Tanagable

Ralf borrowed the money so he owes the money.

The vast majority of borrowers, whether customers of Tanager or not, try to repay their loans.

Brendan
 
You sound like you should be a judge or a banker. So no matter what they have done wrong they are the good guys.
You are in the wrong job.


"The vast majority of borrowers, whether customers of Tanager or not, try to repay their loans."

I agree with that statement, tell me. Where exactly has that got them. I know quite a few and every one of them are in court having there homes taken.
It's only people like Rolf that will change that.
I can bet not one person will show up in court at the next hearing and say no thanks I don't want my case adjourned becouse of the keane case. You can have it.
Not likely I think.
and if he wins every one of them will stop paying.
 
Tanagable said:
if he wins every one of them will stop paying.
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You are wrong.

But you and I move in different circles. Most people I know actually do want to pay their debts. A small percentage want to get free housing. But that is a very small percentage.

If people want to keep their homes, they should continue to pay their mortgage as much as they can. Even if Tanager loses in the High Court, it does not mean that the loan is wiped out. It makes it more difficult for them to enforce their security, but they will be able to do it eventually.

Brendan
 
You have no idea what circles I move in. Just another assumption.
I agree that people should pay.
But here is the problem. You want them to pay every penny until the likes of Tanager take the house regardless of how much the person is paying.
Tell me when they loose the house and have nothing left. Will you give them a spare room?
I won't put a bet on that one.
I know people paying more than the monthly payments to Tanager and are still in court, yet not feeding there children to feed Tanager instead.
All I can say is I am glad my conscience does not let me move in your circles
 
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"It makes it more difficult for them to enforce their security, but they will be able to do it eventually."

Only time will prove you or me wrong on that
 
Unfortunately rolf has had to go through this today, not because he chose to, but because he was forced to. We tanager customers got landed with a vulture fund who operated with complete abandonment in this country.They showed no duty of care to their customers, and proceeded to repossession on properties without any negotiation with their borrowers.Now through their own reckless actions, they have been left in limbo!! 3 cheers for rolf
 
Well it would be up to the solicitor for the purchaser to check the title. If they have any doubt, they would advise their client appropriately.

Brendan
 
Update, on the next court date, 22/12/2017 the Property Registration Authority (PRA) will attempt to become joined as party to the said proceedings.
 
Update, Kane was in court today and not the 22/12/2017. Justice Noonan acceded to allowing the Property Registration Authority and Bank of Scotland Plc to join the proceedings with Tanager. Kane put up no legal objections to this. Bank of Scotland possibly being represented by Arthur Cox, PRA by Chief State Solicitors Office, and Tanager by A L Goodbody. Case remanded to mid January 2018. I say at a guess, there will be 3 senior counsels and two juniors against Mr Kane on the next date (don't you just love our Justice system). They are circling the wagons Mr Kane. Don't believe your own hype, if you can, get some legal person to represent you.
 
There are good solicitors and barristers out there, just like there are bad ones; the same for all professions I suppose. Rolf needs to choose the right people that are neither compromised or have a conflict of interest, but he does need to get some professional advice and soon.
 
There must be someone in the country who will help this brave soul with no strings attached!! If a ordinary joe soap had made the balls up that was made in transferring these loans this case would of been sorted years ago, because the P.R.A tanager and bos are involved all the stops are being pulled out!!! It's amazing that money supercedes justice in this little country of ours!!
 
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