Woman fears bankruptcy over €57k debt to council
In the Circuit Civil Court, Judge Jacqueline Linnane heard that Anne Marie Fitzgerald had bought the house she had been renting at Brega, Hamlet Lane, Co Dublin, from the Fingal council.
Mema Byrne, counsel for the local authority, said Ms Fitzgerald had borrowed just under €136,000 from Fingal County Council to buy her home under a tenants purchase scheme.
Ms Fitzgerald had taken out a mortgage with the council on the basis of repaying monthly instalments which had fallen into arrears and the council had obtained a possession order for the property in February 2013 at the District Court.
Ms Fitzgerald, who now lives at Veldon Place, Navan Rd, Kentstown, Co Meath, told Judge Linnane yesterday that she had no assets or money and would have to declare herself bankrupt if a judgment for €57,000 was made against her.
Ms Byrne said that when Fingal County Council recovered possession of the property just under two years ago, Ms Fitzgerald owed just over €132,000.
Under the Housing (Miscellaneous Provisions) Act, the local authority was empowered to recover the outstanding debt against the property by having the house valued, subtracting that figure and seeking judgment for the remainder.
The house had been valued at €75,000 which had left a balance of just over €57,000.
Judge Linnane adjourned the proceedings until mid-March and said she would require a current valuation and further details of the council managers directions regarding the application before the court.
Ms Byrne said the property involved had since been rented out by the county council.
