A businessman and his wife have secured a temporary High Court injunction preventing a mortgage company and a receiver from selling a property they want to use for their daughter who has additional needs.
The interim order was granted in favour of James Murphy and his wife Caroline Hannon, who have brought High Court proceedings against receiver Hilary Larkin and Start Mortgages DAC.
The court heard the receiver and the mortgage company intend to sell the property at Coill Abhainn, Swinford in Co Mayo and have found a buyer.
The couple, from Lisheenbrawn, Swinford, Co Mayo, claim the receiver lacks the power to possess or sell the property they co-own, however.
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At the High Court on Wednesday, Mr Justice Brian O’Moore said he was satisfied to grant, while only the plaintiffs were notified of the application, an interim injunction restraining the defendants from selling, transferring or disposing of the property.
Represented by Darach MacNamara BL, instructed by solicitor Donnacha Anhold, the couple claim they acquired the property in 2002 and used it as their family home until 2008.
The property has been rented out for periods but, they claim, it has always been their intention to keep the property for one of their children who has Down syndrome, autism and dyspraxia.
The property, the couple claim, would in the future be used as a home for their daughter, who is familiar with the house, when her parents are no longer in a position to care for her.
In a sworn statement to the court, Mr Murphy said the house was acquired with a mortgage from Irish Life and Permanent (ILP) in 2002, which was to be repaid over 20 years with interest.
He said that at some time in 2018-2019 the loan was acquired by Start Mortgages DAC.
In October 2021 Ms Larkin was purportedly appointed as receiver over the property.
Mr Murphy claims there are legal issues over that appointment, which, he says, has not been validly proven.
Mr Murphy said the two people who have signed the document appointing Ms Larkin as receiver do not appear to be employees of either ILP or Start.
He claims it has not been possible to identify the signatories from the documentation and therefore it has not been possible to identify the root of the supposed power to appoint Ms Larkin as the receiver over the property.
He claims the defendants have refused, without explanation, to provide the plaintiffs with details regarding the identity of the two people who purported to appoint the receiver or the nature of their authority.
He also claims the receiver has not shown that she has a valid power to possess or sell the property.
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He claims locks on the property were changed several weeks ago and that the property is to be sold for €165,000.
The defendants, it is claimed, have acted outside of their powers and have failed to provide the couple with details regarding the identity and powers of the authorised officers referred to in the purported receiver’s deed of appointment.
After granting the injunction, the judge adjourned the case to a date next week.