A good example of a good order for possession being granted

Brendan Burgess

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https://www.independent.ie/irish-ne...ents-lose-1-million-family-home-36688331.html

Home value: c. €800,000 conservatively
Mortgage outstanding: €400,000
Arrears: €391k
Mortgage taken out: May 2008
Lender: Shoreline Residential
Proceedings issued: early to mid 2016

Judge Linnane said Mr and Mrs Gilson were making sporadic payments in very small amounts, sometimes as little as €50, while attempting to come to an arrangement with the bank. Arrears had begun appearing in 2010 and the couple had been written to as early as 2014.

They had initially offered €150,000 to settle the debt which then stood at more than twice that figure and last month their counsel Aoife Beirne said they were prepared to make an increased offer of €275,000. This was declined as was Friday’s new offer of €303,000.

He and his wife, both of whom are now pensioners, had borrowed €300,000 in May 2008 to be paid back over a period of 10 years. The purpose of the 2008 loan, due for full repayment in May next, had been to refinance an existing mortgage and clear an outstanding €100,000 liability in respect of Mr Gilson’s business.

Judge Linnane said the outstanding liability against 16 College Gate, Castleknock, was just under €400,000 so there was still substantial equity left in the property. She said that if Mr and Mrs Gilson sold their home now they would still be left with enough to trade down to a mortgage-free smaller home and pay off their debt.


The judge granted the couple a six months stay on her order for possession to the bank to give them time to sell the property themselves “before the bank does in six months time.”


Some borrowers are gas. They owe €400k and they think that they can settle the debt for €150k? If the house were worth only €150k, that might well be possible but not a house with €400k equity.

I would like to know how this ended up on the Judge's List. Normally, the Registrar would have granted an order, but there must have been some legal issue raised by the borrowers.

Brendan





 
It was pure insanity of the bank to give such a huge loan out ten years before retirement in the first place. That said, if the couple offered to pay €300,000 now, where is that money coming from and if they had it in the bank, why didn't they pay their mortgage with it? I am afraid they will receive zero sympathy from any quarters, it's not that they are going to be left penniless.

In fact I wouldn't be the least bit surprised if they suddenly come up with the extra 100,000 so they can keep this million euro home. I expect their legal fees to be huge also.
 
Hi delfio

It was an Irish Nationwide mortgage originally. They often lent on the security of an asset without worrying about the ability to pay. They probably charged a sub-prime rate as well.

It is amazing the number of people with plenty of equity in their homes who expect the bank to settle for less than the amount outstanding. Tanager will do it with cheap trackers, but most lenders won't.

I would guess that family is helping out here. I don't know, but I doubt if the actual borrowers have the money.

Brendan
 
I suspect that they were just hoping that the bank would accept a lesser figure when they sold the property (bizarre).

It seems to have already been on the market.
 
Its also a good example of how a bank will pursue repossession on property where there is substantial re-sale value.
Should put any notions of not paying your mortgage on such properties to bed, I would think?
 
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