A total of 10 mortgages and debts were registered against the home of Michael Anthony McGann in Falsk, near Strokestown, Co Roscommon, the High Court has been told.
KBC Bank, which took possession of the property on December 11th last, on foot of a court order, is seeking an injunction ordering Mr McGann, his brother David and his sister Geraldine to vacate the property.
On December 16th, 2018, a security team guarding the house was attacked and three of its members hospitalised. Since then the three siblings have returned to live in the property, the court was told.
A history of Mr McGann’s dealings with the bank were disclosed in an affidavit from the bank supporting its injunction application.
It said that a loan of €180,000 was issued by the bank, then IIB Homeloans Ltd, to Mr McGann, and secured against the property, in January 2004.
A further sum of €22,000 was issued in February 2005, and again charged against the property. In both instances Mr McGann accepted the terms of the transaction.
The bank registered its loan against the land portfolio on January 2004. The portfolio shows that “in addition to the [bank’s] charge, [Mr McGann] has nine additional burdens registered against the property,” the affidavit said.
“Each of these appear to be debts relating to other borrowings, unpaid solicitors’ fees, and what appears to be the leasing of a Land Rover.”
Arrears
Arrears began to appear in Mr McGann’s account in May 2007. During 2009, possession of the property was sought.
As of May 9th last, Mr McGann owed the bank €431,208, of which €191,854 was arrears. The last payment made was for €500, in February 2014.
A possession order was issued in October 2012, and a six-month stay put on the order. Mr McGann did not attend court on that date.
Mr McGann brought applications to court to have the possession order set aside, but then failed to turn up for the hearings, the court was told.
At one stage Mr McGann agreed he would remove his cattle and other property by October 2016. But that same month the bank was told that neither Mr McGann nor his brother David would be leaving the property, and that Mr McGann was his brother’s “carer”.
On December 11th, 2018, when the order was executed , there was a “sustained period of resistance by the occupants to vacating the premises,” the court was told in the affidavit.
At about 5am on December 16th, “a large group of men” attended the property, at a time when there were eight security guards and two dogs protecting it on behalf of the bank.
The gang attacked the guards and vehicles belonging to them. A criminal inquiry is currently under way.
On March 7th, 2019, while being interviewed live "on Facebook", David McGann said there was "no law and order in this country" and that "the whole thing is based on corruption", the court was told.
