Separated mother's home repossessed in High Court

A WOMAN, a mother of three, has lost her family home at the High Court after evidence was given that her now separated husband…

A WOMAN, a mother of three, has lost her family home at the High Court after evidence was given that her now separated husband had remortgaged it and then left the country.

Stepstone Mortgage Funding Ltd applied to repossess a four bedroom semi-detached home in Navan, Co Meath, after repayments on a mortgage of €220,000 were not kept up. Counsel for the lender said the loan was taken out in 2008 and began to go into arrears by December that year.

The couple, originally from Lagos in Nigeria, were separated for two years, counsel said. The husband was working in the UK where he had set up his own taxi business. Although he told the lender he would make some payments, he failed to do so and arrears were now over €45,000.

The woman, who was in court alone, said she lost her job as a PA with Enable Ireland in 2008 and was now back in college studying social care. She had three children aged 14, nine and seven, and the eldest was sitting the Junior Certificate shortly.

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Ms Justice Elizabeth Dunne asked her whether there was any indication from her husband that he might pay some money. “I’ve tried; he won’t talk to me,” she replied.

She said she had applied to her local council for housing but had not heard anything.

The judge said there was very little she could do. She granted the order with a stay, or delay, of six months on its execution. She told the woman to use the time to go to the council again and seek alternative accommodation.

Outside the court, the woman (40), said she had contacted the Citizens Advice Bureau, which had given her great help. The family had lived in Navan since 2003, but the family home was solely in her husband’s name. He had remortgaged it in 2008 without her knowledge and she did not know what happened to the money.

Seven orders for possession were granted at the High Court yesterday, including two to Stepstone and two to Start Mortgages. Bank of Ireland, GE Capital Woodchester Homeloans Ltd and Nua Mortgages were granted one each.

Ms Justice Dunne adjourned an application against a man from Co Cavan who had arrears of more than €67,000 on a €360,000 loan. He told the judge he had a plant hire and quarrying business and he had been making partial mortgage repayments. He hoped business would improve over the summer. “Times are hard out there,” he said.

“I do understand that very well; I see it every Monday,” the judge responded. She told him to keep up the payments and provide a financial statement to the lender.

She adjourned the case to May.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist