Key Post A summary of repossession procedures in the courts

Brendan Burgess

Brendan Burgess

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The Expert Group on Repossessions has provided this useful summary of the procedure for repossession.

[broken link removed]

[FONT=&quot]A. Procedures in the Circuit Court[/FONT]
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[FONT=&quot]7[/FONT][FONT=&quot]. The Circuit Court consists of the President and thirty seven ordinary judges. The President of the District Court is, by virtue of his/her office, an additional judge of the Circuit Court. The country is divided into eight circuits with one judge assigned to each circuit, except in Dublin where ten judges may be assigned and the Southern Circuit where there is provision for three judges. There are twenty- six Circuit Court offices throughout the country with a County Registrar assigned to each office. The Circuit Court is a court of limited and local jurisdiction. Its work can be divided into three main areas: civil, criminal and family law. The Circuit Court sits in venues in each circuit. Sittings vary in length from one day to three weeks and are generally held every 2 to 4 months in each venue in the circuit. Dublin and Cork have continual sittings throughout each legal term.[/FONT]
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[FONT=&quot]8[/FONT][FONT=&quot]. The updated procedures applicable to repossession cases in the Circuit Court are governed by Order 5B of the Circuit Court Rules (Procedure in Certain Actions for Possession and Well Charging Relief) 2009 (S.I. No. 264 of 2009) as amended by Circuit Court Rules (Actions for Possession and Well Charging Relief) 2012 (S.I. No. 356 of 2012) – Appendix D.[/FONT]
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[FONT=&quot]9[/FONT][FONT=&quot]. The manner in which proceedings are taken is as follows:[/FONT]
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[FONT=&quot]•[/FONT][FONT=&quot] Proceedings must be commenced by Civil Bill (prescribed in the Schedule of Forms in the Circuit Court Rules – Form 2R – Appendix F). The endorsement of claim in the Civil Bill must state specifically, and with all necessary details, the relief claimed and the supporting grounds.[/FONT]
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[FONT=&quot]•[/FONT][FONT=&quot] In contrast with other types of proceeding commenced in the Circuit Court by Civil Bill, these proceedings are given a return date – which is entered on[/FONT]

[FONT=&quot]
[/FONT] [FONT=&quot]the Civil Bill – before the County Registrar, i.e. the legal professional officer in the Circuit Court. Under the Practice Direction of the President of the Circuit Court of 12 November 2009 (“the Practice Direction” – Appendix C), the return date is fixed for a date not earlier than eight weeks from the date of issue of the Civil Bill. This is intended to facilitate the parties in their preparations for the proceedings.[/FONT]
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[FONT=&quot] [/FONT]
[FONT=&quot]•[/FONT][FONT=&quot] The Civil Bill, together with a copy of an affidavit and any exhibits sworn on behalf of the lender verifying the claim, must be served on the borrower not later than 21 days before the return date. The Practice Direction requires that the Civil Bill, when served on the borrower, should be accompanied by a letter from the lender or the lender’s solicitor stating –[/FONT]
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[FONT=&quot](a) that, except with the consent of the borrower, no order for possession will be made on the initial return date before the County Registrar and that the proceedings will be adjourned to such later date as the County Registrar considers just in the circumstances;[/FONT]
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[FONT=&quot](b) the importance of the borrower or his or her legal representative attending before the County Registrar on the return date and on any date to which the proceedings are adjourned, should the borrower wish to make any representations to the County Registrar concerning the proceedings; and[/FONT]
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[FONT=&quot](c) that a borrower not intending to enter a defence is not required to file and serve on the lender a replying affidavit.[/FONT]
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[FONT=&quot]•[/FONT][FONT=&quot] A borrower intending to defend the proceedings must enter an appearance (Form 5 – Appendix G) within 10 days of service of the Civil Bill. The borrower must submit a replying affidavit setting out the defence not later than 4 days before the return date.[/FONT]

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[/FONT] [FONT=&quot] [/FONT]
[FONT=&quot]•[/FONT][FONT=&quot] Evidence is adduced by affidavit except that—[/FONT]
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[FONT=&quot](a) oral evidence may be adduced by leave of the Judge;[/FONT]
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[FONT=&quot](b) evidence of failure to enter non-appearance or file an affidavit may be given by a certificate or by such other means as the County Registrar permits;[/FONT]
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[FONT=&quot](c) where an issue is directed to be tried, evidence as to matters of fact may be adduced orally where the Judge directs.[/FONT]
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[FONT=&quot]•[/FONT][FONT=&quot] The County Registrar, in addition to any other order which he or she has power to make, may—[/FONT]
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[FONT=&quot](a) order service of the Civil Bill on any other party;[/FONT]
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[FONT=&quot](b) make an order extending the time for entry of appearance;[/FONT]
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[FONT=&quot](c) give directions and fix time limits for the filing and delivery of any affidavits by any party;[/FONT]
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[FONT=&quot](d) give any other directions for the preparation of the proceedings for trial;[/FONT]
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[FONT=&quot](e) where an appearance has not been entered, or an affidavit setting out a defence has not been filed and delivered, make an order for possession (the power to make an order for possession has been given to the County Registrar by primary legislation, viz. section 34 and paragraphs (xxxiii) and (xxxiv) of the 2[/FONT][FONT=&quot]nd [/FONT][FONT=&quot]S[/FONT][FONT=&quot]c[/FONT][FONT=&quot]h[/FONT][FONT=&quot]e[/FONT][FONT=&quot]du[/FONT][FONT=&quot]l[/FONT][FONT=&quot]e[/FONT][FONT=&quot] [/FONT][FONT=&quot]to the Court and Court Officers Act 1995 (Appendix H) as inserted by section 22 of the Courts and Court Officers Act 2002). There is an appeal from such an order.[/FONT]

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[/FONT] [FONT=&quot] [/FONT]
[FONT=&quot]•[/FONT][FONT=&quot] Where an affidavit setting out a defence has been filed, the County Registrar transfers the Civil Bill, when in order for hearing, to the Judge’s list on the first opportunity.[/FONT]
[FONT=&quot]•[/FONT][FONT=&quot] The Judge, where he or she considers it appropriate, may adjourn a Civil Bill for “plenary hearing” (i.e. hearing on oral evidence) with such directions as to pleadings or discovery as may be appropriate.[/FONT]
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[FONT=&quot]•[/FONT][FONT=&quot] The Judge or the County Registrar may make such order as to costs as he or she thinks just, including an order for any costs awarded.[/FONT]
 
[FONT=&quot]B[/FONT][FONT=&quot]. Procedures in the High Court[/FONT]
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[FONT=&quot]11[/FONT][FONT=&quot]. The Master of the High Court has a broadly similar role as the County Registrar in the Circuit Court. The procedure is set out in Order 38 of the Rules of the Superior Courts (Appendix J).[/FONT]
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[FONT=&quot]12[/FONT][FONT=&quot]. The process involves the lender issuing a special summons which sets a return date which may not be less than 7 days after the issuing of the summons. The summons must then be served on the borrower at least 4 days before the return date. The lender must file an affidavit setting out the facts of the claim in the Central Office of the High Court. The hearing may be on affidavit only or oral evidence may also be adduced.[/FONT]
 
[FONT=&quot]E[/FONT][FONT=&quot]x[/FONT][FONT=&quot]e[/FONT][FONT=&quot]c[/FONT][FONT=&quot]u[/FONT][FONT=&quot]t[/FONT][FONT=&quot]i[/FONT][FONT=&quot]o[/FONT][FONT=&quot]n[/FONT][FONT=&quot] [/FONT][FONT=&quot]O[/FONT][FONT=&quot]r[/FONT][FONT=&quot]d[/FONT][FONT=&quot]e[/FONT][FONT=&quot]r[/FONT][FONT=&quot]s[/FONT][FONT=&quot][/FONT]
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[FONT=&quot]15[/FONT][FONT=&quot]. The principal method for obtaining enforcement of a court possession order where possession has not been yielded up voluntarily by the borrower is to obtain an execution order from the court office (known as 'habere' or in earlier times 'habere facias possessionem'). Until enactment of the Enforcement of Court Orders Act 1926, the enforcement of court orders in civil proceedings was[/FONT]

[FONT=&quot]
[/FONT] [FONT=&quot]the responsibility of sheriffs. Under section 8 of the 1926 Act these functions were transferred to the county registrars, except in counties Dublin and Cork where the office of sheriff remains. The Execution Order directs the county registrar or sheriff to put the lender in possession of the property without delay.[/FONT]
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[FONT=&quot]16[/FONT][FONT=&quot]. The 1926 Act also provides for the appointment of an official known as the[/FONT]
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[FONT=&quot]'court messenger'. The role of the court messenger under legislation is to act for and otherwise assist the County Registrar or Sheriff in the execution of execution orders.[/FONT]
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[FONT=&quot]17[/FONT][FONT=&quot]. Principal features of Execution Order:[/FONT]
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[FONT=&quot]•[/FONT][FONT=&quot] The order continues in force for one year but may be renewed by application to the County Registrar or to the Central Office of the High Court;[/FONT]
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[FONT=&quot]•[/FONT][FONT=&quot] The Execution Order may not be renewed after a period of six years without the permission of the court;[/FONT]
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[FONT=&quot]•[/FONT][FONT=&quot] The sheriff is required to execute the order within a reasonable period from the date of receipt;[/FONT]
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[FONT=&quot]•[/FONT][FONT=&quot] The lender, or a representative, is required to be present to identify the property which is the subject-matter of the order and to receive possession; the sheriff may use reasonable force to gain access to the property;[/FONT]
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[FONT=&quot]•[/FONT][FONT=&quot] Where property, including residential property, is occupied by tenants, they may 'attorn' themselves, i.e. acknowledge themselves as tenants, and agree to remain as tenants after transfer of ownership of the property.[/FONT]
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[FONT=&quot]18[/FONT][FONT=&quot]. Execution Orders on foot of orders for possession are available year round from High and Circuit Court offices and do not require lenders to make a further application to court. The decision to apply for an execution order depends on whether or not the borrower has surrendered the property.[/FONT]

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[/FONT] [FONT=&quot] [/FONT]
[FONT=&quot]19[/FONT][FONT=&quot]. According to the County Registrar’s Association, some lending institutions appear to be unaware of the need for a representative of the lending institution to be physically present to identify the property for repossession. The presence of an unauthorised person on behalf of the lending institution, e.g. a locksmith with instructions to change the locks, is not sufficient and will inevitably lead to execution delays.[/FONT]
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Case study 1 - consent order


[FONT=&quot]Ba[/FONT][FONT=&quot]nk v. two co-defendants[/FONT]

[FONT=&quot]T[/FONT][FONT=&quot]h[/FONT][FONT=&quot]e[/FONT][FONT=&quot]soli[/FONT][FONT=&quot]citor [/FONT][FONT=&quot]for the bank issued the proceedings in November 2012 and was given a return date for the proceedings 33 court sitting days later (the court was on holidays for three weeks during that period so the more correct measure might be 19 court sitting days later).[/FONT]

[FONT=&quot]O[/FONT][FONT=&quot]n the first return date, at the bank’s request, the County Registrar granted a new return date in respect of the second defendant to a date 7 weeks later to allow for service of the proceedings. The proceedings against the first defendant were adjourned to the same date. There was no appearance by the defendants.[/FONT]

[FONT=&quot]O[/FONT][FONT=&quot]n the second return date, counsel for the bank was granted a new return date in respect of the first defendant 14 court sitting days later and there was an adjournment granted to the bank in respect of the second defendant also.[/FONT]

[FONT=&quot]O[/FONT][FONT=&quot]n the third return date, counsel for the Bank and the first defendant were present but there was no appearance in respect of the second defendant. The matter was further adjourned to a date 22 court sitting days later to allow the first defendant to be served, the Court having been advised that a solicitor for the first defendant had come on record and was prepared to accept service on his client’s behalf.[/FONT]

[FONT=&quot]O[/FONT][FONT=&quot]n the fourth return date, solicitors for the Bank and two co-defendants appeared and the matter was further adjourned by consent to a date 8 weeks later. The County Registrar agreed to adjourn the matter to facilitate discussions between the parties.[/FONT]

[FONT=&quot]O[/FONT][FONT=&quot]n the fifth return date, the County Registrar made the possession order by consent but put a stay on execution for 3 months. In attendance were solicitors for the Banks and the second defendant. The solicitors for the first defendant indicated their consent to the making of the Order by email and this email was before the court. To date, the solicitors for the Bank have not applied for an Execution Order.[/FONT]

[FONT=&quot]T[/FONT][FONT=&quot]o[/FONT][FONT=&quot]t[/FONT][FONT=&quot]a[/FONT][FONT=&quot]l[/FONT][FONT=&quot]numb[/FONT][FONT=&quot]e[/FONT][FONT=&quot]r of adjournments – 4[/FONT]

[FONT=&quot]T[/FONT][FONT=&quot]o[/FONT][FONT=&quot]t[/FONT][FONT=&quot]a[/FONT][FONT=&quot]l[/FONT][FONT=&quot]numb[/FONT][FONT=&quot]e[/FONT][FONT=&quot]r of days between date of issue of proceedings and making of possession order –[/FONT]
[FONT=&quot]2[/FONT][FONT=&quot]3[/FONT][FONT=&quot]8 days.[/FONT]
 
[FONT=&quot]Case study 2 - Default order Circuit Court
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[/FONT]
[FONT=&quot]Ba[/FONT][FONT=&quot]nk vs. two co-defendants[/FONT]
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[FONT=&quot]T[/FONT][FONT=&quot]h[/FONT][FONT=&quot]e[/FONT][FONT=&quot] [/FONT][FONT=&quot]soli[/FONT][FONT=&quot]citor [/FONT][FONT=&quot]for the Bank issued the proceedings in August 2010 and was given a return date for the proceedings 63 court sitting days later (the court was on holiday for 5 weeks during the period so the more correct measure might be 35 court sitting days later).[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]T[/FONT][FONT=&quot]h[/FONT][FONT=&quot]e[/FONT][FONT=&quot] [/FONT][FONT=&quot]files [/FONT][FONT=&quot]sho[/FONT][FONT=&quot]ws that the property was a family home and the bank is one that might be described as a sub-prime lender.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the first return date, Counsel for the Bank and a solicitor for the defendants appeared. The[/FONT]
[FONT=&quot]C[/FONT][FONT=&quot]o[/FONT][FONT=&quot]un[/FONT][FONT=&quot]t[/FONT][FONT=&quot]y[/FONT][FONT=&quot] [/FONT][FONT=&quot]R[/FONT][FONT=&quot]e[/FONT][FONT=&quot]g[/FONT][FONT=&quot]i[/FONT][FONT=&quot]s[/FONT][FONT=&quot]t[/FONT][FONT=&quot]r[/FONT][FONT=&quot]a[/FONT][FONT=&quot]r[/FONT][FONT=&quot] [/FONT][FONT=&quot]g[/FONT][FONT=&quot]r[/FONT][FONT=&quot]anted an adjournment to a date 36 court sitting days later.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the second return date, Counsel appeared for the Bank and solicitor attended for the defendants. The Court granted a further adjournment on that date on consent of both sides. The new date was a further 29 court sitting days later.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the third return date, Counsel for the Bank attended as did the male co-defendant. He gave evidence that he was unemployed and that he hoped to return to employment within two weeks, at which point he proposed to commence payment of instalments on the arrears. The Court heard also that the property was not in negative equity. A further adjournment was granted to a date 17 court sitting days later.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the fourth return date, a solicitor for the co-defendants appeared along with Counsel for the Bank. On that date, the court granted a further adjournment of 2 weeks to allow the defendants to file an appearance. The Court was told that the parties were likely to consent to an order for possession.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the fifth return date, the solicitor for the co-defendants again appeared along with Counsel for the Bank. The matter was further adjourned for mention to a date 3 months later that was[/FONT]
[FONT=&quot]1[/FONT][FONT=&quot]5 court sitting days after the adjournment date.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the sixth return date, the court was attended by Counsel for the Bank, the solicitor for the co- defendants and the male co-defendant. On that date the County Registrar made the order for possession in default of defence. A stay of 6 months on the proceedings was given with liberty[/FONT]
[FONT=&quot]t[/FONT][FONT=&quot]o apply during the period of the stay. No order was made for costs.[/FONT]
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[FONT=&quot]2[/FONT][FONT=&quot]9 working weeks later, the Bank applied for an Execution Order and no applications were made to the court in the interim.[/FONT]
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[FONT=&quot]T[/FONT][FONT=&quot]o[/FONT][FONT=&quot]t[/FONT][FONT=&quot]a[/FONT][FONT=&quot]l[/FONT][FONT=&quot] [/FONT][FONT=&quot]N[/FONT][FONT=&quot]umb[/FONT][FONT=&quot]e[/FONT][FONT=&quot]r of adjournments – 5[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]T[/FONT][FONT=&quot]o[/FONT][FONT=&quot]t[/FONT][FONT=&quot]a[/FONT][FONT=&quot]l[/FONT][FONT=&quot] [/FONT][FONT=&quot]numb[/FONT][FONT=&quot]e[/FONT][FONT=&quot]r of days between date of issue of proceedings and making of possession order –[/FONT]
[FONT=&quot]4[/FONT][FONT=&quot]2[/FONT][FONT=&quot]0 days.[/FONT]
 
Case Study 3 - Defendants have left the jurisdiction

[FONT=&quot]Ba[/FONT][FONT=&quot]nk vs. two co-defendants[/FONT]
[FONT=&quot]P[/FONT][FONT=&quot]r[/FONT][FONT=&quot]o[/FONT][FONT=&quot]c[/FONT][FONT=&quot]ee[/FONT][FONT=&quot]d[/FONT][FONT=&quot]i[/FONT][FONT=&quot]n[/FONT][FONT=&quot]g[/FONT][FONT=&quot]s[/FONT][FONT=&quot] [/FONT][FONT=&quot]i[/FONT][FONT=&quot]ss[/FONT][FONT=&quot]u[/FONT][FONT=&quot]e[/FONT][FONT=&quot]d[/FONT][FONT=&quot] [/FONT][FONT=&quot]i[/FONT][FONT=&quot]n [/FONT][FONT=&quot]F[/FONT][FONT=&quot]e[/FONT][FONT=&quot]b[/FONT][FONT=&quot]r[/FONT][FONT=&quot]u[/FONT][FONT=&quot]a[/FONT][FONT=&quot]r[/FONT][FONT=&quot]y[/FONT][FONT=&quot] [/FONT][FONT=&quot]2[/FONT][FONT=&quot]01[/FONT][FONT=&quot]2 with a return date in April, 2012 , 50 court sitting days later.[/FONT]
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[FONT=&quot]S[/FONT][FONT=&quot]erv[/FONT][FONT=&quot]i[/FONT][FONT=&quot]c[/FONT][FONT=&quot]e having [/FONT][FONT=&quot]b[/FONT][FONT=&quot]e[/FONT][FONT=&quot]e[/FONT][FONT=&quot]n effected on both defendants by registered post and not returned undelivered, the matter was adjourned on the first return date in accordance with the Practice Direction to a date 42 court sitting days later, the date fixed at the request of the Bank. There was no appearance by the defendants.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the second return date, there was no appearance by the Defendants. The Bank sought and obtained an adjournment to a date 20 court sitting days later.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the third return date, there was an issue over who was in actual occupation of the property which led to a further adjournment to a date 17 court sitting days later which, with holidays, resulted in a 2 and a half month adjournment. There was no appearance by the defendants.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the fourth return date, occupation was still a live issue necessitating a further adjournment to a date 58 court sitting days later. There was no appearance by the defendants.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the fifth return date, it appeared there were tenants in occupation and there was also an issue over the current location of the defendants and whether they were aware of the adjourned dates. There was no appearance by the defendants.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]An [/FONT][FONT=&quot]affidavit [/FONT][FONT=&quot]sough[/FONT][FONT=&quot]t at the previous listing was not lodged before the next (sixth) return date and the matter was adjourned again to a date 24 court sitting days later to allow the solicitor for the bank to complete the affidavit.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the seventh return date there was an affidavit before the court outlining efforts made by the Bank’s agent in October, November and December 2012 to establish who was in occupation and evidencing the contact had with the occupiers in January 2013 when the agent was informed by the tenant husband that all post had been sent by the tenant to the landlord and when the tenant wife confirmed that she was aware of the hearing date in January 2013. A private investigator employed by the Bank had failed to locate the defendants.[/FONT]
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[FONT=&quot]B[/FONT][FONT=&quot]a[/FONT][FONT=&quot]s[/FONT][FONT=&quot]e[/FONT][FONT=&quot]d[/FONT][FONT=&quot] [/FONT][FONT=&quot]o[/FONT][FONT=&quot]n the documents furnished and the submissions made for the Bank, the County Registrar made an order for possession in April 2013 with a stay on the order for a date 5 weeks later. On that date, the stay on the order was lifted but a stay of execution of 8 weeks was granted with liberty to apply in order to give the occupiers time to relocate.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]ve[/FONT][FONT=&quot]r 4 months have elapsed since the expiration of the stay and the Bank has not applied in this period for an Execution Order.[/FONT]
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[FONT=&quot]T[/FONT][FONT=&quot]o[/FONT][FONT=&quot]t[/FONT][FONT=&quot]a[/FONT][FONT=&quot]l[/FONT][FONT=&quot] [/FONT][FONT=&quot]numb[/FONT][FONT=&quot]e[/FONT][FONT=&quot]r of adjournments – 6[/FONT]
[FONT=&quot]T[/FONT][FONT=&quot]o[/FONT][FONT=&quot]t[/FONT][FONT=&quot]a[/FONT][FONT=&quot]l[/FONT][FONT=&quot] [/FONT][FONT=&quot]numb[/FONT][FONT=&quot]e[/FONT][FONT=&quot]r of days between date of issue of proceedings and making of possession order –[/FONT]
[FONT=&quot]4[/FONT][FONT=&quot]3[/FONT][FONT=&quot]1 days[/FONT]

[FONT=&quot]
[/FONT]
 
Case Study 4 Defended case - Circuit Court

[FONT=&quot]T[/FONT][FONT=&quot]h[/FONT][FONT=&quot]e[/FONT][FONT=&quot] [/FONT][FONT=&quot]soli[/FONT][FONT=&quot]citor [/FONT][FONT=&quot]for the Bank issued the proceedings in April 2012 and was given a return date for the proceedings 56 court sitting days later.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the first return date, a solicitor for the Bank appeared as did the defendant in person. The matter was adjourned 27 court sitting days and over 3 calendar months in accordance with the Practice Direction and with the consent of the parties.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the second date, the defendant again appeared as did the Bank’s solicitor. A further adjournment was sought by the distressed defendant (single parent) and was granted to a date[/FONT]
[FONT=&quot]6[/FONT][FONT=&quot]1 court working days later. The property is the principal residence of the defendant and the defendant’s children.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the third return date, another adjournment was granted to a date 49 court sitting days in advance.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the fourth return date, the defendant again appeared in person and informed the court that the defendant had been in contact with an advocacy group in the intervening period but that it had declined to take on the case. The matter was again adjourned to a date 36 days in later to see whether legal assistance could be obtained for the defendant.[/FONT]
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[FONT=&quot]O[/FONT][FONT=&quot]n the fifth return date, the County Registrar extended the time by 3 weeks for the defendant to file and serve an appearance to the proceedings and a supplemental affidavit was to be sworn by the Bank. The matter was adjourned again by the County Registrar to a date 25 court sitting days later.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]O[/FONT][FONT=&quot]n the sixth date, following oral submissions from the Bank and the defendant, the County Registrar ordered that the matter be transferred to the Judge’s list on a date 10 court sitting days later.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]O[/FONT][FONT=&quot]n the seventh return date, the Judge adjourned the matter to a sitting of the Court one month later, ordering that the Bank serve and file a further affidavit within two weeks to confirm the extent of the arrears.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]This [/FONT][FONT=&quot]t[/FONT][FONT=&quot]arget was met but subsequent to that and before the next Court date, the defendant lodged an appearance, two affidavits and a covering letter outlining a defence. The basis for the defence was that the financial institution which granted the mortgage was not the lending institution that was seeking to repossess the property.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]A[/FONT][FONT=&quot]t[/FONT][FONT=&quot] [/FONT][FONT=&quot]th[/FONT][FONT=&quot]e eight return date, upon reading the affidavits and hearing from counsel for the Bank and the defendant in person, the Judge granted the order for possession with a 6 month stay on execution.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]T[/FONT][FONT=&quot]o[/FONT][FONT=&quot]t[/FONT][FONT=&quot]a[/FONT][FONT=&quot]l[/FONT][FONT=&quot] [/FONT][FONT=&quot]numb[/FONT][FONT=&quot]e[/FONT][FONT=&quot]r of adjournments – 7[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]T[/FONT][FONT=&quot]o[/FONT][FONT=&quot]t[/FONT][FONT=&quot]a[/FONT][FONT=&quot]l[/FONT][FONT=&quot] [/FONT][FONT=&quot]numb[/FONT][FONT=&quot]e[/FONT][FONT=&quot]r of days between date of issue of proceedings and making of possession order –[/FONT]
[FONT=&quot]5[/FONT][FONT=&quot]0[/FONT][FONT=&quot]3 days.[/FONT]
 
Brendan;

Seems average possession order is 1 year. Have you any idea of average time it then takes to acually effect eviction?
Am trying to get a rough benchmark on how long it takes.
Thanks.
 
Gerry Canning said:
Brendan;

Seems average possession order is 1 year. Have you any idea of average time it then takes to acually effect eviction?
Am trying to get a rough benchmark on how long it takes.
Thanks.
Click to expand...
Hi, does an order of possession have an expiry date

??
 
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