Woman facing repossession accused of deceiving court

A MORTGAGE lender who was granted an order in 2008 to repossess the property of a woman who had defaulted on repayments has accused her of misleading the High Court in a last-gasp attempt to prevent them taking back her home.

The woman, who comes from Co Kilkenny, secured an interim injunction from the High Court last week to prevent Start Mortgages from enforcing a possession order it was granted in October 2008.

Counsel for Start Mortgages told the High Court yesterday it was opposing the continuation of the interim injunction by claiming it had been granted on a dishonest basis.

Barrister Brian Murphy pointed out that the High Court had found in granting the original possession order that the borrower had made a deliberate and conscious effort to deceive the court through the use of forged documents.

Mr Murphy highlighted how the judge had remarked at the time that a file on the case could have been sent to the DPP which could have resulted in a prison sentence.

He claimed the woman was now resisting the original order “on a dishonest basis” as she had failed to disclose the full facts of the case when applying for the interim injunction last week.

“There was massive non-disclosure,” said Mr Murphy.

Ms Justice Dunne said she was concerned the injunction was designed to try and re-open a final order which had been made by the High Court over two years ago.

However, she ruled the interim injunction to prevent Start repossessing the property could stay in place until next Friday when the case will be back before the High Court.

Meanwhile, a total of 10 orders for possession of property were granted to various lending institutions yesterday.

They included a mixed development block in Monaghan town and a former national school building in Co Kerry.