Ireland: Roscommon family in controversial eviction case given one month to leave home - - PressFrom - United Kingdom
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Ireland Roscommon family in controversial eviction case given one month to leave home

18:50  11 october  2019
18:50  11 october  2019 Source:   thejournal.ie

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The Roscommon family at the centre of a controversial eviction last December has been given a week to respond to injunction proceedings taken by KBC bank aimed at vacating their family home . Lawyers for KBC told the High Court the proceedings were urgent and were about the integrity of the

THE FAMILY AT the centre of the Roscommon eviction case returned to their home last night. The group of men pegged three people, two of whom were elderly, out of a house and left them on the side of the road. In a statement, KBC bank said that it was aware of the incident but would not be making

a bright light in a dark room © Dundalk Democrat THE COUNTY ROSCOMMON family whose farm was the centre of a controversial eviction last year have been given a month to vacate their home.

In his judgment today, Mr Justice Senan Allen ruled that KBC bank was entitled to an injunction compelling siblings Michael Anthony, David and Geraldine McGann to vacate their family home at Falsk, near Strokestown in Co Roscommon, pending the final outcome of the dispute.

The Judge said he was satisfied from the evidence that the defendants had no entitlement to be on the property.

He said the bank had obtained and executed a valid possession order over the property, and that the McGanns are trespassers on the property.

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The McGann family say that they have been left “shocked” by the ordeal that had been “thrust upon THE FAMILY AT the centre of an eviction from their home in Strokestown, Roscommon over the The Roscommon eviction has made headlines this week following what gardaí have described as

the family at the centre of a controversial eviction near Strokestown, Co Roscommon to leave their home . Following the conclusion of submissions from the parties, the judge said he would give his ruling Masked men. The McGann family were evicted from the farm last December on foot of a

Following the court’s decision David Browne Bl for David and Geraldine McGann said his clients will appeal the decision to the Court of Appeal, and asked that the order to vacate the property be stayed.

Rossa Fanning SC, appearing with Keith Rooney Bl for KBC said his side had no issue with a stay to allow the defendants time to seek alternative accommodation but asked the court that the stay be no longer than a few weeks rather than months.

The judge said he was placing a stay on his order until noon on Tuesday, November 12 next when the defendants will have to vacate and cease trespassing on the property. 

KBC claimed it was entitled to the injunction, as it had obtained an order allowing it to execute the possession order over the property.

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A family member or friend occupying your home may be considered a tenant whether or not a lease The order will usually set a vacate date for the family member or friend. If they still refuse to leave in Eviction or unlawful detainer actions are not generally complicated lawsuits. However, the rules of

Roscommon eviction : family member weighs case against KBC. Speakers jeered as over 1 ,200 protest against Roscommon eviction . Threats to target bankers’ homes ‘appalling’, bank staff union says. KBC urged to conduct security audit at branches across Ireland. KBC bank branches attacked

‘Mumbo jumbo’

KBC’s injunction application was opposed by the McGanns. 

Lawyers for Geraldine, who the court heard occasionally stays at the house and David McGann who has lived in the property all his life had argued that the order should be declined. 

Michael Anthony McGann, who also lives at the property, was not present in court nor represented during the hearing.

Written arguments opposing the injunction application, which the Judge described as pseudo-legal “mumbo jumbo”, had been submitted on his behalf. 

However, in his decision, the judge rejected their arguments and held that there was no legal basis for them to remain on the property.

The application centred around events last December when the McGann family were evicted from the farm on foot of a repossession order KBC obtained in respect of the property several years ago.

The eviction gained national media attention after private security operatives were forced from the property by a group of masked men. 

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An eviction notice must first be served properly and the tenant must have failed to comply, pay, or vacate within the specified timeframe. This must happen before the landlord can begin the eviction court process by serving you an “unlawful detainer” eviction lawsuit, called a Summons & Complaint.

Evictions are a worst case scenario for any landlord, property owner or manager because of the costs associated with the process. possession if the tenant will not leave willingly. An uncontested eviction can sometimes be completed in a couple weeks but a contested eviction may last as long

Gardaí subsequently launched an investigation after the security personnel were attacked, several of whom required medical treatment, several vehicles were burnt and a dog had to be put down due to injuries it sustained.

The McGanns, who were not involved in those incidents, subsequently returned to the property and have remained there since.

The property was the subject of a loan agreement between KBC and the farm’s registered owner Mr Michael Anthony McGann.

Mr McGann fell into arrears on repayments and owed the bank some €431,000. KBC obtained a possession order in respect of the property in 2012, which was not appealed.  

The last repayment on the loan to KBC was made by the borrower in February 2014, it was claimed.

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