Man leaves court with 'head held high' as home repossessed

A KERRY man who had his home and business repossessed at the High Court yesterday said he would leave the court with his “head…

A KERRY man who had his home and business repossessed at the High Court yesterday said he would leave the court with his “head held high”.

Justice Brian McGovern told him he was “part of the social wreckage of the last few years”.

Six orders for possession were granted at the High Court yesterday. Start Mortgages Ltd was granted two, while ACC Bank Plc, Anglo Irish Bank Corporation Plc, Ulster Bank Ireland Ltd and Bank of Scotland (Ireland) Ltd were granted one each.

An order for possession was granted to Ulster Bank against a man who owned a supermarket with a house attached in Tralee, Co Kerry. The business had not been successful and was closed two years ago.

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The man had debts of €1 million attached to the building. He told the court he had tried to sell the property, but was unsuccessful. There was no possibility of paying the arrears he owed, he said.

“I’ve been ill because of this and on disability for the last two years,” he said. “There is nothing else I can do other than let the bank sell it.”

He said the auctioneer had told him there was little interest in the property, and anyone who was interested could not get a loan from the bank. He had made contact with his local council to see whether he could get an apartment.

Mr Justice McGovern granted the order, and agreed the borrower could make a short statement. The borrower thanked the judge and court staff for their help. “I’m an honest man. I never did any harm to anyone in my life,” he said. “I’m going to walk out with my head held high.”

The judge said he had nothing to be ashamed of at all. “Most people who appear on these lists are casualties and part of the social wreckage of the last few years,” he said.

The judge adjourned a second case involving Start Mortgages when the borrower asked for a chance to hold on to his home in Navan, Co Meath.

The court heard the borrower, who had two children aged five and 11, had been working as a glazier until 2008. He had borrowed €250,000 for the property, and after losing his job he fell into arrears now valued at €67,000. His wife had a part-time job at Navan hospital and was earning €340 a week.

He told the court he had been offered a job which was due to start within the next two weeks, and produced a letter from his prospective employer.

Since he lost his job he had had “nothing but bad luck”, but now he was getting back on his feet.

He said his wife had been told she could have a full-time job, and once he began his work he’d be paid €800 a week. He would be able to pay back the €1,600 monthly mortgage plus €500 a month toward the arrears. Mr Justice McGovern said this was a lot of money.

“It has to be done. I don’t want to lose the roof over my two children’s heads,” the borrower said.

He had been getting €54 a week up to Christmas from the Department of Social and Family Affairs, though he was now in receipt of €200.

“I had to go to a money lender at Christmas,” he said.

He also complained he had difficulty meeting State Mortgages.

Counsel for the company said given the arrears and the loan, they did not see “any reality” in the arrangements.

Mr Justice McGovern said he would adjourn the case to give the borrower one last chance, though he thought his plan was “very optimistic and perhaps unrealistic”.

He warned the borrower that if he was not working when he returned to court in May, he could be facing repossession.

He added that he hoped the mortgage company would engage.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist