# Report on Bray Registrar's Court 5th March 2018



## Brendan Burgess (6 Mar 2018)

It's two years since I have been in this court.  The last time I visited, it was the court with the most common sense from the Registrar. I am glad to see that she is still in place and still ruling with common sense.


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## Brendan Burgess (6 Mar 2018)

There were two other cases where the lenders had already been granted orders for possession. 

The first case was from 2008, Irish Nationwide sought leave to renew an order for possession which had expired after 6 years of not being enforced. 



In the second case, Pepper got an order on 12 January 2015 and was applying for an execution order. 

Borrower represented by a financial advisor. 

Financial advisor: This is a case where you granted an order for possession 2 years ago. But she has made full repayments since two years ago.  We have offered a lump sum to Pepper to clear the mortgage.

An order was granted on 12 January 2015. We have reached agreements with Pepper since then.

The arrears need recalculation.

Registrar: Are you making an offer to clear the full mortgage?

Advisor: No

Borrower: I am living there with my kids.

Registrar: There should be no impediment on the right of a borrower to redeem their mortgage.

Adjourned to 9th July on condition that full repayments be made in the meantime.


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## Brendan Burgess (6 Mar 2018)

The case where an order was granted 


42 2017/00010 Kbc Bank Ireland P.L.C. - V - 

This was adjourned last year so that they could apply for MTR. Then in November it was adjourned due to family law proceedings. Then in February, it was adjourned due to a bereavement.

Paying €484 sporadically.  Normal payment should be €1,100 or €854 (there was confusion over this.) Full repayment has not been made in over three years.

Amount borrowed: €200k in 2006.  
Balance Jan 2017: €234k 
Balance today:  €253k balance. ( BB: don’t know how it went from €234k to €253k in a year.) 

Arrears: €75k 


Registrar: The bank and this court has given them every opportunity

1st borrower is no longer living there. The 2nd borrower is living there.

Registrar: Are there children

Solicitor: She is living there with three children and a grandchild

Registrar: Well the children are obviously of an age where they could be contributing.

Solicitor: They are either under 18  or (Registrar: under 23 in full time education

Registrar: There should be other money coming into this house

She chose not to appear today or the last day.  It’s very difficult …

(BB: It's clear to me that the Registrar does not like granting  orders in cases where borrowers are paying something, even if sporadically. I feel fairly confident that had the borrower shown up, she would have got an adjournment.) 

Order granted with 6 months stay.

A permanent stay if €854 per month is paid

Either side has liberty to reenter

No order for costs.


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## Brendan Burgess (6 Mar 2018)

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


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## Brendan Burgess (6 Mar 2018)

*Other cases 
*
In a case from 2016, they have been unable to serve the first named borrower who has gone to Canada. They have used a tracing service and can't find him. Back in July 2016, they got permission to serve him by pinning the proceedings to the door of the house subject to the mortgage. The bank didn't do that because they thought it inappropriate as the second name borrower was still living there.  This case was sent to the Judge's List for the judge to deal with.

In another case from 2016, Start Mortgages sought an adjournment because "a complaint had been submitted".  The Registrar asked what the complaint was about and to whom was it made. The solicitor had no further instructions. The borrower was in court but wasn't asked about it.  Adjourned to June.  But the Registrar said that this can't go on forever. 

In a case from 2017, EBS applied for an adjournment because they could not contact the 2nd named borrower. The first named borrower showed up in court and told the Registrar that they split up before they were due to move into the house in 2011. She has never lived in the house.  The Registrar told the EBS that there would be no question of an automatic adjournment the next time as the first named borrower needs to get on with her life. 

In a case from 2016, back in May 2017, the borrowers had got an adjournment on the grounds that they had agreed to sell the property.  In December they got another adjournment. They weren't in court but the bank wanted another adjournment. The Registrar asked if the property was vacant. The solicitor did not know. Adjourned to 16th April as the Registrar was concerned that the property might be vacant.

In a fairly typical case,The Bank of Ireland could not serve the borrower.  Neighbours confirmed that he was living there.  He refuses to accept Registered Mail.  They got permission for substitute service by ordinary post.


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