Brendan Burgess
Founder
- Messages
- 53,725
Man threatened wife with violence to make her sign loan form, court hears
Man needed the mortgage papers co-signed as an €800,000 loan for a development site
A new defence I had not heard before:
“I was outraged that she questioned my judgment but she continued pleading with me not to make her sign, crying and begging me not to risk the family home.
“I am ashamed to say that I lost control and became extremely aggressive towards her shouting insults and throwing a kitchen stool, behaving in a menacing fashion and threatening her with physical violence in order to get her (sic) make her sign.”
Mr Raymond’s evidence was given as part of a defence to proceedings brought against the Raymonds by [broken link removed] Mortgage Bank seeking possession of the family home based on arrears of more than €1 million.
...
The first loan of €200,000 for the family home, borrowed in 2005, had become due and Mrs Raymond had not sought to argue otherwise, he said.
In the absence of any evidence that Mrs Raymond has the financial capability to discharge the arrears under this loan, there was no basis for the court to exercise a discretion that the home could not be repossessed because of the Family Home Protection Act, assuming that Act was applicable at all to the circumstances of this case, he said.
He therefore granted an order for possession of the family home but granted a stay of six months to allow Mrs Raymond, who is still living there, to arrange alternative accommodation.