ORDER FOR possession were granted by the High Court in respect of several family homes yesterday, as proceedings got under way in 69 cases.
A total of 31 cases listed before Mr Justice Brian McGovern at the weekly chancery summonses hearings were taken by subprime lender Start Mortgages, which was granted eight of the 13 possession orders.
The remainder of the applications for possession orders came from AIB, IIB Homeloans, Ulster Bank, ACC Bank, Bank of Ireland, EBS Building Society, Irish Nationwide and GE Capital Woodchester.
In granting orders for possession, the judge ensured stays would not lead to family homes being vacated before Christmas.
In a case involving Start Mortgages, the judge granted an order for possession relating to a house in Dublin, but gave liberty to the defendants to apply to reside in the house for the duration of their lives.
The judge recognised that the defendant was a 72-year-old woman who had lived in the house with her husband since 1967.
The judge also heard the woman had led a difficult life, was unable to read or write, had 20 per cent loss of hearing and did not want to move out of the house.
Another Start Mortgages case relating to a family home was resolved after it was agreed the defendants would put money received from a personal injury action towards discharging arrears.
The court heard that 12 children were residing in the house in the midlands, and a 13th child was on the way.
In a separate case the judge granted a stay of six months on the order for possession, to afford the defendants time to find alternative accommodation. The judge recognised that the property was a family home, with three dependent children in residence, and that the defendants were actively trying to sell it.
The judge also noted that the home was not in a town, and it thus may be difficult for the family to find alternative accommodation in the area.
In an application by Start Mortgages involving arrears of €74,250 and an outstanding balance in excess of €670,000, the judge said he would be reluctant to tie the defendants into moving out by the end of November, as it was a family home.
The family had said they would move out in November but were subsequently given until after Christmas.
A stay of six months was granted in another case involving a family home, to give the defendants a chance to sell the house after Christmas. The defendant had sought advice from an auctioneer regarding the sale of the house, and was told spring would be the best time for selling, as there would be very little activity on the housing market in the run-up to Christmas. The outstanding balance on the mortgage was in excess of €226,000, with arrears of €33,648.
While the majority of cases were adjourned, either with the consent of both parties, or to give the defendants more time to sell their properties or reach a new agreement with the lending institution involved, orders for possession were granted in a number of cases involving investment properties.
In one case involving Bank of Ireland, an order was granted for a property in Waterville, Co Kerry. The defendants, who reside in Co Cork, had not made any repayments since June 2007, and arrears had amounted to more than €50,000.