Woman challenges repossession order over her home

A woman has brought a High Court challenge over a decision to grant a repossession order in respect of her home.

Patrica Tsouros claims the order was made by the county registrar for Dublin before her solicitor was able to make representations on her behalf in relation to her family home at Marlborough Road, Donnybrook, Dublin 4.

The order was made in favour of KBC Bank.

Ms Tsouros wants the repossession order made last November quashed.

Yesterday, the court heard the woman was unaware of a default in the mortgage until legal proceedings were served on her and her husband, businessman John Leech in June 2015.

She says she had relied on her husband for the management of household finance and she relied on both her husband and a financial adviser they had met with to resolve matters with the bank.

Ms Tsouros claims she was unaware of developments in the action, but did ask her husband’s solicitor to keep her own solicitor informed of matters. No information was passed to her solicitor, she claims.

On November 2, 2016, she claims she was informed that her husband intended to consent to the order for repossession before a register at Dublin Circuit Court the following morning.

Ms Tsouros says she instructed her solicitors to attend court, and seek time to resolve matters. However, the county registrar

proceeded to make a repossession order in respect of the property, before placing a six-month stay on the order.

The action is against the county registrar for Dublin, the minister for justice and equality, Ireland and the attorney general. KBC Bank Ireland Plc, is a notice party to the proceedings.

Permission to bring the challenge was granted, on an ex-parte basis. The case will return to court in March.

Judge’s warning about legal ‘advice’

A High Court judge has repeated warnings about legal “advice” being given to people over repossession orders.

Mr Justice Seamus Noonan said a number of “misguided” applications contesting repossession orders have come before the High Court recently. He repeated a warning issued by him earlier this month that such applications could adversely affect appeals against such orders.

He made the comment when dismissing a farmer’s application to challenge a decision by a Circuit Court judge to grant a repossession order in favour of a bank respect of the farmer’s family home.

Mr Justice Noonan said the man had brought an action based on grounds not suitable for judicial review.

Judicial reviews are about the legality and lawfulness of decisions, not the merits of decisions, the judge said.