Couple agree to order for possession

A COUPLE whose home was repossessed at the High Court yesterday have advised other couples in financial trouble to “stick together…

A COUPLE whose home was repossessed at the High Court yesterday have advised other couples in financial trouble to “stick together”.

The Co Cavan couple, who have five children, agreed to the order for possession after telling the court they could not go on any more.

Justice Brian McGovern granted three orders for possession at the High Court yesterday. Stepstone Mortgage Funding Ltd, GE Capital Woodchester Homeloans Ltd and Start Mortgages Ltd were granted one order each from a list of 75 cases. The majority of the cases were adjourned.

Counsel for Start Mortgages said the Cavan case was on the list for the first time and so would qualify for an adjournment, but the couple involved were anxious to deal with the matter. They had taken out a mortgage of €306,000 in May 2007 over 40 years to build their own home.

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At the time they were both working, the man as a fitter and the woman in childminding, but she had to give up her job during her fifth pregnancy. By June 2008 their arrears amounted to €45,000.

The couple gave Mr Justice McGovern details of their income and expenditure and said they could see no other option but to consent to the order for possession. “It’s going on too long now and we can’t do it anymore,” they said.

The court was told their dormer bungalow had been up for sale for three years.

Counsel for Start Mortgages said they had no objection to the six month stay, or delay, the couple had requested so that they could organise their move.

Asked if he was seeking costs from the couple, counsel for the lender said he had been instructed to do so.

Mr Justice McGovern explained he had to grant costs to the lender except in particular circumstances, which didn’t include hardship.

He asked counsel for the lender if there was any way he might seek further instruction. “Their situation is pretty weak . . . ,” he said.

After a 10-minute adjournment, counsel for the lender returned and said they would waive costs.

Speaking outside, the couple said when asked if they had any advice for other couples in similar predicaments that they should “stick together”.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist