Poor investment could see woman lose home of 48 years

A building society told a judge yesterday it was prepared to give a 59-year-old woman nine months in which to save her home of…

A building society told a judge yesterday it was prepared to give a 59-year-old woman nine months in which to save her home of 48 years.

Judge Michael White heard that Ms Myra Fitzgerald, of Crumlin Road, Dublin, had put herself in debt to start her son in a milk float business which went disastrously wrong.

She had mortgaged her £100,000 home to raise £42,000 in 1996 so her son, Derek, could buy a milk round and a new milk float.

The business had collapsed last year when her son was injured in an accident which prevented him from returning to work.

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Judge White had adjourned an application by Irish Nationwide Building Society to possess Ms Fitzgerald's home on foot of £8,000 arrears and the continuing non-payment of a £468 monthly repayment.

Having been told that Mr Derek Fitzgerald was prepared to put any money he would obtain from a High Court personal injury claim towards clearing the debt, Judge White said that, from medical and other evidence before him, there was little likelihood of a damages award coming anywhere close to meeting his mother's liability.

Granting the building society an order for possession of Ms Fitzgerald's home, Judge White described as "very fair" an offer by Mr Harry Connolly, for Irish Nationwide, of a nine-month stay on the order in the hope that an amicable arrangement could be reached.

Mr Bill Stokes, solicitor for Ms Fitzgerald, told the court she had a monthly income of £442, consisting of a monthly pension of £150 and a social welfare supplementary benefit of £73 a week - not even enough in total to meet the £468 monthly mortgage repayment. While Mr Fitzgerald's wife was working, they had to meet mortgage repayments on their own home.

Judge White said he had to be fair to both parties and, while it was a very sad and unfortunate case, the court had no option in the circumstances but to grant the order sought.

He said Ms Fitzgerald was not capable, beyond a contribution from her son, of discharging the mortgage and, from the evidence, it appeared she had never been in a position to meet the monthly repayments.