Ireland: 'Duped' couple lose legal bid to keep home - - PressFrom - United Kingdom
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Ireland 'Duped' couple lose legal bid to keep home

12:15  18 october  2019
12:15  18 october  2019 Source:   independent.ie

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A couple who stopped making repayments on their €200,000 mortgage five years ago, claiming their family home was owned by a private trust, have lost a High Court bid to overturn a possession order.

Ms Justice Úna Ní Raifeartaigh said Leonard and Leonora Dalton, representing themselves, had failed to engage at all with Start Mortgages DAC or with any of the free services to help people in mortgage arrears. They seemed instead to have been "duped" into paying money to anonymous "advisers" with no legal expertise to advance "nonsense pseudo-legal arguments" in challenging Start's entitlement to possession.

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She deplored such an approach which "only makes a bad situation worse" and exposes people to more costs.

The judge affirmed a possession order made by the Circuit Court in early 2017 for the family home at Dunsinane, The Leap, Enniscorthy. She also awarded costs to Start.

Ms Dalton, who had objected to the costs order, said there are five people in the family home and she wanted more time.

Tomás Keyes, for Start, said he hoped the Daltons will agree to vacate.

He said proceedings are due before Wexford Circuit Court in November for execution of the possession order.

The judge said she would not grant a stay on her orders.

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