# 9 orders granted in Wicklow court on 14th December 2015



## Brendan Burgess (16 Dec 2015)

I attended the sitting of the Wicklow Registar's Court on Monday.

I sat with Kitty Holland of the Irish Times who reported on it here

*Court grants repossession orders on seven family homes*

Here is my summary



A peremptory adjournment is where the Registrar says that they will make an order the next time if the bank wants it.  While she specified that 8 were peremptory, in a few other cases she told the borrowers that if they did not reach agreement with the bank she would have no choice but to grant an order, although she did not use the word “peremptory”.

A general adjournment is where the Registrar does not set a particular date. If you stop meeting your repayments, the lender can come back into court at short notice and seek an order. 

Most of these cases were adjourned from July, where I had also attended. Some of those had been adjourned from April, which I had also attended.


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## Brendan Burgess (16 Dec 2015)

*Order 1 EBS  10 months stay *
Balance €114k of which arrears €45k
Paying €510 per month but should be paying €1,900
Proceedings started early 2014
Borrower not in court and not represented
No SFS submitted
EBS passed the case over to Pepper to see if they could engage with the borrower, but they didn't succeed either.
In July, they were reported as having paid €750 in November and €525 in May.  No engagement, but they had shown up in the bank's office in June.  The Registrar said: "It's such a pity when the borrower does not appear in court. They are at serious risk of losing their home. They are at the cliff edge"

My comment:
This is the first case I have seen in probably 2,000 cases where an order was granted despite good repayments being made.  What else could the bank do? The Central Bank has told them to agree sustainable solutions or take legal action. So the EBS has no choice. What else could the Registrar do? They have never shown up in court and they have not engaged with the lender.

I expect that when the borrowers find that an order was granted against them, that they will engage and that EBS will not enforce the order. But if EBS chooses to enforce the order, this will end in the borrowers losing their home.

This is a tragedy. With a balance of €114,000 @ 3.75%, the monthly interest is €350 per month. So they are paying the full interest and some capital.  I don't think that there are any houses in Bray worth less than €200,000 , so this house probably has a LTV of around 50%.

If these guys had spoken to the bank, if they had spoken to MABS, if they had spoken to the Irish Mortgage Holders Organisation, a deal would have been done. In fact, if they contact any of these organisations even now, I would expect that this order will not be enforced.

*Order 2 Bank of Ireland 10 months stay *
Balance: €342k of which arrears: €51k
Last payment: July 2014
Case initiated early 2015
Borrower not in court
Mortgage originated in 2006
Jointly owned home, but only she is living there.
In April 2014 the bank offered an ARA (Alternative Repayment Arrangement) but the borrowers did not accept it.
In July it was adjourned because the borrowers had agreed a voluntary sale.

*Order 3  KBC 6 months stay *
Balance: €482k,  of which arrears: €111k
Last payment 10/2012
Case initiated early 2015
Borrower not in court
First time in court in July - automatic adjournment

*Order 4 Start Mortgages 6 months stay *
Balance: €138k, of which arrears €63k
Proceedings issued early 2015
Last payment €300 in November 2010
Adjourned in July as borrower wanted to sell house


*Order 5 Start Mortgages 6 months stay *
Balance: €621k, of which arrears €149k
Last payment: €38 in July 2014
Proceedings issued early 2015
Borrower not in court
Adjourned from July when it first appeared

*Order 6 Bank of Ireland 12 months stay *
Balance: €193k, of which arrears: €93k
Since June, they have paid €1,300 in total. Should be paying €738 per month
Proceedings issued mid 2014
Solicitor did an excellent job on behalf of borrower this time and back in July but was clearly trying to defend the indefensible.
Husband an unemployed builder but is hopeful that he might get a job. Wife is on a small pension from the HSE due to ill-health.l
Both are in their mid 50s. Daughter of 18 had hoped to go to college, but has deferred it due to their financial situation.
They are desperate not to lose their family home which they have lived in for 20 years.
Registrar: Last month, I made an order against a couple in their 60s.
Solicitor: They believe that they can clear the arrears
Registrar: "If Santy comes down the chimney and if the tooth fairy appears?"
Bank: Reluctantly, we wish to proceed as they told us the same story in July. We see no point in an adjournment.
[My notes from July: Lodged an SFS in June. Paying €100 per week, hopes to increase this to €150 per week]
Solicitor made a last desperate attempt for a short adjournment saying that they would appeal the order.
Registrar: Don't waste money appealing. Your clients should look at reality. They can apply for social housing.

My comment:
The above makes the Registrar sound cold. But, in fact, she had adjourned this case on at least two occasions, and probably three or four occasions.  The Registrar is clearly upset in granting such orders and only does so very reluctantly

I will discuss a social policy issue in relation to this case later.

*Order 7  EBS 3 months stay *
Balance: €281k, of which arrears: €64k
Last payment: €80 in April 2014
Proceedings issued in early 2015
Borrower not present this time, although he was present in July. Here are my notes from July
Registrar: Who is living there? Just myself
When did you last make a payment:  Not sure, about two years ago.
Registrar: What are you plans?
Borrower: I ring them all the time
Registrar: Your plans to make payments?  Are you going to surrender it?
How much arrears?
Borrower: I don’t know.
R: It’s simple: pay no money lose your house. Keep your house, pay some money.

*Order 8 Tanager Limited unoccupied house - no stay *
Balance €358k, of which arrears: €37k
Lsat payment 8/2014
Proceedings issued in early 2015
Adjourned in July because the bank could not find the owner to serve notice on him.

*Order 9 Tanager Limited - unoccupied house - no stay
*
Last time first named borrower appeared in court and said that house was empty for some years. She consented and an order was made against her.Order against him this time.
*
*


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## Brendan Burgess (16 Dec 2015)

*Case study 10 General Adjournment despite bank seeking an order *
In July, the balance was €192k, of which the arrears were €42k

Paying at least €1,000 per month, but sporadically, as his income is sporadic.

Registrar: I am surprised that the bank is seeking an order if you are paying this amount
Borrower: So am I
Registrar: You are confusing their computer by paying amounts at random. If you pay €1,000 per month, the court won’t trouble you again. If you miss a payment, they can come in here at 7 days notice and get an order.

In July, he got a peremptory adjournment which I understood to mean that the bank would get an order if they had not reached an agreement with him.
*

Case study 11  Adjourned to April despite Ulster Bank seeking an order *
Balance: €1,174,000, of which arrears €147,000 in July
Last payment October 2014 €1,400(In July, they said that the last payment was in October 2013)
Monthly repayment should be €3,616
Solicitor sought adjournment on behalf of borrower on the grounds that "small payments were being made and a financial consultant had been appointed"
Proceedings issued late 2014
Registrar advised the solicitor that "it's best if all parties face reality"
First appearance in court in April - adjourned to July
In July, the borrower represented himself. The bank wanted to proceed but it was adjourned for technical reasons which I did not understand.

*Case study 12 Adjourned generally, although Bank of Ireland wanted to proceed. *
In July, we were told that the balance was €192k, of which the arrears were €42k
Borrower present in court this time and in July

*Case study 13 Adjourned despite home owner wanting an order made *
Mother is a guarantor and co-defendant. She is not on the deeds.
In April, the borrower showed up and it was adjourned to July. He was paying €600 a month.
In July, he wanted to consent to the order as he was advised to do so by the IMHO.  The mother sought an adjournment.
On Monday it was adjourned to April as his mother had submitted an Affidavit recently.

*Case study 14 Peremptory adjournment despite loan balance of only €32k *
Mortgage balance €32k, of which arrears: €14k
Borrowers not in court
Adjourned in April for technical reasons
Adjourned in July as it was technically the first time in court
This time the bank said that it had no SFS from one of the borrowers.
Registrar: "Arrears will escalate" Peremptory adjournment.

BB comment: Very hard to know what is happening here when the borrower does not show up in court.  With a mortgage of €32k , it shouldn't take much to make it sustainable.

*Case study 15 Adjournment despite paying nothing since February 2013 *
Proceedings issued in 2014
In April we were told that he had agreed a voluntary surrender, but had moved back in. Adjourned for technical reasons.
In July, got an automatic adjournment as it was technically the first time in court.
Borrower attended court and said he would be able to make payments in the new year.
The monthly repayment is €578
"Start making payments of €700 per month on 3 January . If you miss a payment, I will have choice.  Other borrowers are paying. Their children are going without. They are working two jobs. This court won't allow people to pay nothing"

*Case study 16 Ulster Bank can't get an order on a vacant house*
Proceeding issued in 2013
In April a new Civil Bill was required
In July it was adjourned to December for technical reasons.
On Monday adjourned to April as it was technically the first time on the list
Bank: We have not been able to serve notice on the borrower as he is not living in the house.
Registrar: The court will take a very strong line in this type of case where it's empty or rented out.

*Case study 17 Struck out as PIA now in place. UB refused their costs *

*Case study 18 Paying €50 a month *

This was the first appearance of this case, so the borrower was entitled to an automatic adjournment, whether or not he appeared.

Registrar: Is this a family home?
Borrower

It’s the family home. My wife and son.
I have fallen on hard times. I was laid off in May . I am back in DCU so hope to get a job.
R: Is your wife working?
Borrower: Yes – she is in HSE. But she has moved out
This is putting a strain on our relationship.
I am paying €50 a month
R: €50! €15 a week? You couldn’t rent a matchbox for that. Even if you were in a council house, you would have to pay a lot more than that. The bank is not obliged to house you for €50 a month. The court appreciates the pressure you are under. But the court has no choice. The Supreme Court has ruled that the bank is entitled to an order. It’s not the family home any more. You are there on your own. Look at the reality of your situation. ON the 9/5 the court will probably grant an order.
*

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## Brendan Burgess (16 Dec 2015)

*What happened to cases which got a peremptory adjournment in July? *

"Peremptory" is one of the new words I have learnt from my visits to the Repossession Courts. It is defined by claims.ie as "*Peremptory*
Final or absolute or not open to challenge. An adjournment to a date which is set to be "peremptory" means that the matter will go ahead on that date with no further applications for adjournment to be granted."

5 of the July peremptories were adjourned generally
1 was given an adjournment to a specific date 
1 was made peremptory again. 
1 was struck out 
1 was granted an order. 

Brendan


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## Brendan Burgess (16 Dec 2015)

*What mortgage holders in Wicklow should learn from this*

As the practice varies hugely from county to county, these lessons apply to Wicklow only.

You will get a very fair hearing in this court.The Registrar will give you plenty of warning and a few adjournments before she grants the lender an order against you.

She is very direct. She won't mollycoddle you. She will tell you to pay your mortgage and if you don't she will give the bank an order against you.

She takes no messing. If you complain about the bank's behaviour e.g. their failure to engage with you, she will ask if you are paying.  She won't pay much attention to complaints from people who aren't paying anything. 

If you don't pay anything and if you don't engage with the bank and if you don't show up in court, you will have an order made against you. * The Wicklow County Registrar is not afraid of giving orders for possession to the bank. *

It's never too late to engage with your lender and pay something. If you do, they are likely to seek an adjournment.

If you pay a reasonable amount and if you engage with your bank and they continue the proceedings against you, it's unlikely that this court will make an order against you any time soon.

It makes no sense to make a meaningful payment and not engage with your bank and not show up in court. They can't strike out the proceedings if they don't have the information.

Where the Registrar grants an order, she gives a much longer stay to people who show up in court.


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## elcato (16 Dec 2015)

Brendan - Can you clarify ? Where you have 


Brendan Burgess said:


> Balance: €281k
> Arrears: €64k


Is the amount outstanding the sum of these two or the first figure and the second is just to show the arrears ?


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## 44brendan (16 Dec 2015)

Arrears are never quoted separately from balance. Balance is amount outstanding and arrears are overdue repayment element included in balance figure!


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## Brendan Burgess (16 Dec 2015)

elcato said:


> Brendan - Can you clarify ? Where you have
> 
> Is the amount outstanding the sum of these two or the first figure and the second is just to show the arrears ?



Good question which I have been asked before. I have edited the original post to clarify that the arrears are included in the balance.


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## seamus m (16 Dec 2015)

Brendan looking through your figures there are seven cases struck out .Why is this happening ?


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## Brendan Burgess (16 Dec 2015)

Hi Séamus

All were struck out on the application of the lender.  From memory I have only ever seen one struck out on the application of the borrower. On a few occasions, they are struck out if the lender is not represented in court. 

I went back over my notes and in only two cases were reasons given this time - one was due to a PIA being agreed and the other due to arrears being capitalised.

However, from July's notes on the two of the other cases, I would guess that they were both sold or voluntarily surrendered.

Brendan


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