Couple ask High Court to repossess their home

A TIPPERARY couple asked the High Court yesterday to repossess their home as quickly as possible so that they could apply for…

A TIPPERARY couple asked the High Court yesterday to repossess their home as quickly as possible so that they could apply for council housing.

John and Patricia Burnett, of Cahir, Co Tipperary, told Mr Justice Brian McGovern they accepted they were not in a position to repay the loan on their home, but they could not actively consent to the repossession order because their local authority would not allow them on to its housing list.

The couple’s home was among 14 properties on which orders for possession were granted to lenders yesterday.

GE Money applied to the High Court to repossess the Burnetts’ three-bedroomed “prefab home”. The couple, who have two adult sons, purchased the house in 2000 and borrowed €169,000 in 2006 to finance a business.

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Repayments were €1,800 and the couple could meet them until Mr Burnett, a truck driver, was made redundant.

Yesterday, their arrears stood at almost €32,000. The couple told Mr Justice McGovern they totally accepted their position and were ready to move on. He told them he could put a stay, or delay, of six months on the execution of the possession order, but they said they would prefer six weeks.

“It’s been hanging over us for so long; the sooner it is behind us the better,” Mrs Burnett said.

“It’s dragging us down.”

The couple said they had applied to their local authority, South Tipperary County Council, for accommodation, but they were told nothing would be done until the house had been repossessed. They also told the court they could not consent to the order.

The judge granted the order, with a stay of two months to allow the couple time to move out.

Speaking afterwards, the couple said the local authority told them if they surrendered their home, they would not be considered for housing.

“We had to have an order,” Mrs Burnett said.

“We blame ourselves; we didn’t think for one moment the whole thing would go crash.”

A second couple, from Portrane, North Dublin, also told the court yesterday they could not formally consent to the repossession of their home. Both taxi drivers, the couple were working 170 hours a week between them, but could no longer manage their €210,000 mortgage with Stepstone. They were €12,000 in arrears.

The husband, in his 30s, said they believed consenting “would have repercussions for a place on the housing list” and they had three children, including nine year-old twins and a 12 year old, to think of.

Also in the court yesterday, a farmer from Ballinasloe narrowly escaped being jailed for contempt of court.

He had given an undertaking to the court in August that he would remove cattle from his land by September 29th so that it could be repossessed on foot of an order granted to Carlisle Mortgages.

But when the sheriff and gardaí arrived at the site, the animals were still on the land. Two gardaí waited in the court for the judge to decide whether or not the man should be committed. After hearing from hastily-appointed counsel, that the man had sent half the animals for slaughter and was awaiting Department of Agriculture testing for the rest, the judge made an order that all the animals be removed by October 31st.

“If they are not moved, he is facing serious consequences,” he warned.

Other repossession orders were granted to Stepstone Mortgages, Start Mortgages, GE Capital Woodchester Homeloans, Secured Property Loans, Nua Mortgages Ltd, Danske Bank, GE Money and Bank of Ireland.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist