The judge said Ms Finlay had been paying €20 a month until recently when she increased the monthly repayment to €100, more than €2,500 short of the necessary monthly repayment.
Judge Linnane told Finlay that was not the case and the bank had comprehensively dealt with points she had raised in five sworn affidavits before the court.
“This is just a situation that is deteriorating day by day and I am making an order for possession of the property in question with a stay of three months on execution of the order,” Judge Linnane said.
Dismissing a plea for an extended stay by Finlay, who represented herself in the case, Judge Linnane said the court proceedings had been in being for 18 months and had not just come out of the blue on her.
The vast majority of cases get dealt with at the Registrar's Court. They only go before Judge when the borrower raises a legal defence.
She had made 5 sworn affidavits which the bank had dealt with comprehensively.
She had borrowed the money over "several years from 2001". So she took out a loan. Kept up to date with repayments. Borrowed more money. She owes much more than the original loan, so she had not even managed to pay the interest.
She obviously can't afford to live in a house worth that amount. She bought it in 2001, so it's probably worth at least what she paid for it. She might not even be in negative equity. And she wants to continue living in it for €100 a month?
This is a good judgement and the shame is that it took the lender 18 months to get it.
