Tag Archives: mortgage arrears

The Government’s announcement of proposed reforms to assist those in mortgage arrears marks progress and is a recognition that there has been an unfair imbalance in the relationship between lenders and borrowers, according to FLAC (Free Legal Advice Centres). The three elements of proposed reform are: The power of the banks to accept or reject any proposal under the Personal Insolvency scheme, thus giving them a veto, is to be subject to review; The mortgage to rent scheme will be strengthened, with revised property value thresholds; Better information and advice available to borrowers through an enhanced MABS. The proposal relating to the bank veto will give circuit court judges the power to overrule an unreasonable refusal by a lender to accept a debtor’s proposed insolvency arrangement. This is a rebalancing of power and should lead to greater fairness. However, the legal rights group pointed out that there is still no provision for FLAC’s long-standing recommendation of a Public Insolvency Practitioner …

THE dramatic increase in the number of house repossession applications in Clare, from seven to 120 over the last 12 months, has been described as “startling”. The Court Service has confirmed 11 orders for house possession were granted last month, compared to none in September 2013. It has emerged that at least one of these 11 orders was granted by consent, while over 33 of the current civil bills for possession are first-time applications, as cases can be adjourned a number of times before they are brought for a full hearing. MABS money advisor, Liam O’Connell, who is a qualified solicitor, stated the decision to close a legal loophole last year, following a 2009 High Court case involving Start Mortgages versus Gunne, made it much easier for lenders to repossess properties. In addition, he explained there is an increasing trend where banks are now deeming mortgages to be unsustainable. The president of the Clare Law Association, Mairéad Doyle, said banks …