SEVEN ORDERS for possession were granted at the High Court yesterday including one against a mother of three who said her husband had abandoned her.
Stepstone Mortgage Funding Ltd took action against the woman, from Drogheda, Co Louth, and her estranged husband after they fell behind with payments on a €210,000 mortgage taken out in 2007.
Counsel for the lender told Ms Justice Elizabeth Dunne the couple owed arrears of more than €65,000 and had first defaulted in October 2008.
A household income and expenditure statement filed at court, which included a social welfare payment of just under €300 and a weekly food bill of €86, showed the woman and her children had disposable income of €20 a week when all of their bills were paid. The court was told the woman’s husband had not engaged with the lender, but she had gone through the Mortgage Arrears Resolution Process. She had also appealed a decision that her mortgage was unsustainable, but was unsuccessful.
Counsel for the woman said there was no defence to the case, but his client could not formally consent to the order for possession as she wanted to apply for local authority housing.
He asked that a stay of execution of nine months be placed on the order to allow the school year to be completed and counsel for the lender agreed.
He also asked that the costs of the case be made only against the husband as the woman had negotiated and worked with the lender while he hadn’t “supported her” or engaged with the lender.
Ms Justice Dunne confirmed the nine-month stay on the order, but said she could not make an order for costs against the husband only.
In a separate case taken by GE Capital Woodchester Homeloans Ltd, a stay of nine months was also granted to allow children to finish out the school year.
The court was told the couple involved, from Dublin 24, had borrowed €647,000 in July 2007 with repayments of €4,890 a month. They first defaulted in July 2008 and now had arrears of €226,000 and an outstanding debt of €835,000. Counsel for the lender said the mortgage was unsustainable.
