PEOPLE FACING orders for possession in times of hardship should come to court and explain their position, Mr Justice Brian McGovern said yesterday.
Referring to a case in which a mortgage arrears amounted to €17,251.16, Mr Justice McGovern told the High Court: "I'm sure there is a very sad history behind it but they have entered a binding agreement . . . if they have a particular hardship they should have come in to the court and explained their position."
The court heard how Start Mortgages had received two cheques from the defendants in 2008, one for €120,000 and the second for in excess of €16,000, but both cheques had bounced.
Giving an order for possession on the property, the judge granted a stay of four months, recognising it was a family home in which three children lived.
An order for possession was also granted for a family home in which three children under the age of 15 lived, as the defendant had not made any repayments since June 2007.
The court heard how the defendant had ceased making mortgage repayments on the advice of a broker, who suggested that her partner take out a mortgage to buy the property.
Her partner is self-employed and made several unsuccessful attempts to get a mortgage, resulting in arrears in excess of €30,000 accruing.
As the defendant thought she was doing the right thing by relying on advice from a broker and had given an undertaking to pay €200 a week, the judge granted a stay of six months on the order. He added that he would not be prejudiced against giving a lengthy stay, as Start Mortgages already had so many houses for sale.
A possession order was also granted to Start Mortgages for a home in Co Tipperary, in which the plaintiff's solicitor admitted: "It's just a case that her [the defendant's] circumstances changed."
The court heard how the defendant was a restaurant manager in Co Tipperary earning more than €60,000 a year before she lost her job.
As a result she had been unable to make mortgage repayments, accruing arrears of nearly €18,000 on a €250,000 loan.
The case had been previously adjourned after the defendant gave an undertaking to pay €500 a month towards arrears and €2,035.91 a month, but these were never made.
A possession order was also granted to GE Capital Woodchester against two business people who fell into financial difficulty due to "very bad money management".
The Money Advice and Budgeting Service (Mabs) had indicated the defendants would be able to pay €157 a month off arrears, but this was rejected as it would take 11½ years to pay off the arrears and start repaying the mortgage.
Possession orders were granted for family homes, investment properties and commercial premises in nine cases out of 38 listed in the weekly chancery summonses hearing, with six of the orders going to subprime lender Start Mortgages.
Well charging orders were also granted in a number of cases, including one involving a debt of €197,000 outstanding to AIB and €220,000 outstanding to the plaintiff company, JP O'Connor construction, for a house valued at €850,000.
Recognising it was a family home, counsel said: "The reality is that the defendants are going to have to downsize and look for a smaller home."