A mother of four whose only income is social welfare has been given six months to leave the €700,000 period house Bank of Ireland Mortgage Bank says she bought as an investment property and turned into a family home.
Judge Margaret Heneghan, in a special vacation sitting of the Circuit Civil Court, made an order directing Mary White, who is unemployed, to give the three-storey property in Dublin 6 back to the bank.
Barrister Anne Lawlor, for the bank, said that since 2010 Ms White had not made a single repayment on three loans totalling €469,000, which she had taken out 10 years ago, and now owed €209,806 in arrears. She said the outstanding balance was €569,960 and rising because of interest charges. "The bank has done everything in its power to assist Ms White but because of her financial position repayment or servicing of the loans is unsustainable," she said.
Fiona Cassidy, arrears support unit manager with the bank, told the court the loans were secured on 190 Upper Rathmines Road, Dublin 6. In October 2009 the bank had demanded repayment of all sums with interest, which Ms White had failed to discharge.
She said the bank sought to repossess and sell the house where Ms White's four children, two of whom were dependent, lived with her partner Paul Healy.
In 2011, the bank held back on possession proceedings when Ms White put the property up for sale but she refused an offer of €600,000 as it was not enough to pay off the mortgages and meet a judgment against the property by Sandford Park School, Ranelagh, and a High Court judgment against it by Paul Healy.
Ms White, who represented herself, said the bank was seeking her home for wrongful gain and theft, and alleged its officials had engaged “in unscrupulous actions” in which they had committed perjury.
The judge accepted repayment of the loans was unsustainable and granted the bank possession of the house with a stay for six months. She awarded costs against Ms White.