Looks like she was ignoring correspondence from the bank and pocketing the rent rather than using it to pay her mortgage.http://www.independent.ie/irish-new...ing-home-over-18000-in-arrears-30668304.html]
I read the above in todays indo.
I was surprised that TSB took someone to court over €18k arrears?
Has this surprised anyone else as to how the banks are operating?
It just seems surprising that it ended up in a court and that it could not be resolved between the 2 parties outside of court.
Is there some general lesson to be taken from this article?
Has this surprised anyone else as t...d cases like this every day before the courts
I was surprised that TSB took someone to court over €18k arrears?
The article gives the impression that she started going into arrears last April.
€18,000 represents the equivalent of one year of making no payments.
I can't disagree with that opinion Bronte. Without using this specific case on a stand alone basis I have come across many similar cases where clients have failed to engage (won't pay) and yet the Courts have continued to give them additional time to engage, even when they are not living in the property. Yet there are no such restrictions on re-posession of commercial properties or BTL's which are outside of the MARP process. In my opinion judges are afraid to grant reposession order on "homes" which in non hardship cases can frustrate a bank who has a genuine entitlement to re-posess.This is pure madness.
Turns out she is mixed up with the freeman movement.
The Bank did get an Order against Ms Spearing; however they got it by devious means, Audrey was never served any papers: she is working in Spain, so Lay Litigation Ireland step in to lend a hand and got a stay on the Order.
Ms Spearing was late for court because they had send her to the wrong court, luckily enough Audrey kept the email as proof that the banks solicitors had sent her to the wrong court.
Judge Linnane actually lifted the Court Order at one point but the barrister had a hickey fit and started throwing his toys out of the pram, so Linnane changed her mind to a stay on the order.
It is reported that Ms Spearing is now willing to meet the banks, it is so the other way around, the banks agreed to talk with Audrey, they hadn’t up till then.
Ms Linnane refused Audrey’s motion to allow Audrey to give power of attorney to LLI to act for her whilst she was in Spain!
The reason Audrey is in Spain in the first place: no bloody work in Ireland and she was forced to move. Audrey is Irish through & through and desperation made her move. The wording in the paper is so loaded and weighted it makes you laugh, especially when you have firsthand knowledge of the real facts.
LOL
especially when you have firsthand knowledge of the real facts.
There was one for 13K arrears in Portlaoise CR court last month. The CR was not one bit amused with the solicitor acting for the bank and adjourned the case for a several months.
Without using this specific case on a stand alone basis I have come across many similar cases where clients have failed to engage (won't pay) and yet the Courts have continued to give them additional time to engage,.
I presume you mean Country Registar. What did the solicitor do that upset him/her?
Because this property is the only owned property of the mortgagor in the |State, it is treated as her PDH and the same procedures would apply under CCMA as to any other HL client!The case we are talking about is a BTL. Maybe it was not originally, would that be why it's being treated more like a home repossession case do you think?
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