A young Delvin family who were about to be thrown into the street two weeks before Christmas were one of four families who had their homes saved in a Mullingar Circuit Court on Monday by a group of concerned local citizens.
by Ronan Casey
How the recently formed Westmeath Land League operate was best illustrated when they intervened as the County Sheriff was about to possess a house from a young father who had been told by his bank four days earlier that his home was safe.
The father of an eight- year-old girl eagerly awaiting the arrival of Santa, arrived to court confused, distressed and without legal representation, nor any idea what was going to happen. In fact, all he knew on Monday morning was that by Monday evening he and his family would most likely e homeless, their house he possessed by the bank that had lent them €200,000 to buy it back in ‘the good times’.
But this was not to be the case thanks to a group of Land League “guardian angels” who managed to save his house. Instead of handing back the keys, the man has instead been handed a lifeline, with his case adjourned to February.
“It means we can celebrate Christmas at home, and not be turfed out,” the man told Topic as he fought back the tears after his hearing. Flanked by members of the Land League, he said: “It’s thanks to these people I’ll have a roof over my head; they’re my guardian angels. I thought it was gone but they saved it.”
FOUR HOMES SAVED
The group played a role in saving three other family homes at court on Monday.
One man had missed only two months of repayments having previously agreed a reduced payment plan to his bank. He found a notice pinned to his door asking him to vacate his home, but had his case adjourned to March following advice from the Land League.
Another man who fell behind in his payments in 2011 was also about to lose his ‘buy to let’ home, but got more time to address detailed financial statements his bank sought.
Another young father said he received a call on the morning of the court sitting telling him his house was to be repossessed – having been assured last week this would not be the case.
“I have explained my situation to 20 different people in the bank over the last six months and no one wants to help,” he told Topic. “I was told it wouldn’t be going to court and here I am, they wanting to take the house from me.” He received an adjournment to May, giving him breathing space.
All four of the above did not have legal representation. Present in court on the banks’ behalf were eight local solicitors and two barristers.
DEVLIN HOME SAVED
At the court on Monday, the recently-formed Land League (represented by Mary Walsh, William Cleary, Linda Dunne, Dorothy O’Callaghan and Jimmy Duffy) offered those who turned up free advice.
In the case of the Delvin man, who like the others cannot be named for legal reasons, a Land League member initially got his case delayed so they could find out his circumstances. They helped him prepare an affidavit and a member then accompanied him as he stood before the County Registrar/Sheriff securing some time to, literally, get his house in order.
The anxious man told the court that he had been informed by his bank last Thursday, December 4, that his home was safe. His lender said they would agree to a new repayment having sent him a financial statement, effectively auditing his ability to pay them something every month.
But on Monday, December 8, he received notice that his house was to be taken from him.
The man said he fell into arrears in his mortgage payments in 2009, but had been trying to negotiate with his lender when proceedings commenced earlier this year. He said he was advised to go to court to seek an adjournment, which would give him a chance to go over the financial statement.
60 CASES
He was one of 60 so-called ‘New Possession’ cases before the County Registrar/Sheriff, Elizabeth Sharkey, at a special sitting of Mullingar Circuit Court on Monday.
The Westmeath Land League were there to keep an eye on things, as they have been at similar sittings all year. They speak to everyone in the court beforehand and their presence has certainly impacted in the running of the court.
At the court, one property in Mullingar was ultimately taken back by a bank, but the group were satisfied they had secured family homes for four people, particularly the young Delvin man. There were moving scenes afterwards as he thanked the group for their intervention.
ALL HUMAN LIFE
Astonishingly, only eight of 60 defendants came to court to save their homes. By virtue of appearing, they bought themselves some time as they had their cases adjourned – in some cases by as much as six months.
The court heard that one man scheduled to appear has passed away since proceedings against him started, whilst the cases of four others were struck out. Two families have emigrated, leaving their debt behind and are now uncontactable. One man told his bank he will give back his house to them after Christmas, another was happy for his house to be sold from under him. A foreign national, whose wife has returned home, struggled to understand what was going on. 19 homeowners who were called but did not appear now face losing their homes at sittings in February, March and April. The remainder of cases were adjourned at the banks’ request.
Ulster Bank took 18 cases, Permanent TSB took 14, EBS Ltd took 14, KBC took three, Springboard two, Haven Mortgages two, and Dankse Bank, Start Mortgages, Bank of Ireland, Bank of Scotland and Pepper Finance took one each.
The Land League say that people must turn up and engage with the court if they want to save their homes. Monday’s court proved this to be the case.
