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THE MASTER OF the High Court has said errors in banks’ court papers when they are seeking possession orders are going unnoticed in the Circuit Court because of the volume of cases.
Speaking in the latest episode of the Reboot Republic podcast, Honohan spoke of his “frustration” watching lay litigants (people who have no legal counsel and who represent themselves) trying to defend their cases when they “don’t know their rights”.
Honohan said judges often start with the presumption that if a homeowner is before the courts and the bank is looking for a possession order, “the bank is probably right”.
“It’s an uphill battle for the defendant to argue to the contrary,” he said. “You also have the situation where paperwork for the case contains serious errors.
I had one case where the mortgage deed comprised three acres and they were looking for an order for possession for ten acres. Now, of course, nobody reads the papers because the pressure of work in the Circuit Court is so great. The process of actually double checking the papers is often left to the defendant to point that out.
Honohan wrote a bill that was introduced to the Dáil by Fianna Fáil TD John McGuinness before the summer recess. He said the Affordable Housing and Fair Mortgage Bill 2018 brings together pieces of Irish and European law in the one place, which he said would reinforce the principles in these laws.
He said most people who come before him in repossession cases had “genuine reasons” for not being able to pay their mortgages. Honohan said they were waiting for legislation and schemes, like the Insolvency Act and Mortgage to Rent, which the government said would help them. These measures have not been enough, however, he said.
“It’s government policy to keep people in their homes but they have never managed to enact a policy which did that. This bill does that, it causes the owners of the loans [like vulture funds] to have to come to court and put all their cards on the table.”
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LEST WE ALL FORGET… “You criticise me for not intervening with vulture funds. Well, you know, vultures carry out a very good service in the ecology. They clean up dead animals that are littered across the landscape.” – Michael Noonan (FG)
@Right2Homes: is that a genuine quote? Not surprised
@Greg Blake: . . . He said that during a Dáil debate, and meant every word of it, I believe
@Right2Homes: real vultures do have a ecological function, they clean up messes. I think Vermin Funds would be a more suitable name because they opportunistic and spread disease and misery. If karma was real, I’d hate to be Noonan in the future.
It’s been known for quite a while now that the papers presented by the banks are in many cases faulty, and in some cases forged. When those facing eviction cannot afford legal representation, 99% of people can’t. the banks are getting away with murder, for want of a better word.
But the banks don’t care, the courts don’t care, the government doesn’t care.
People are literally being thrown to the Vultures.
@Dave Doyle: it’s up to the people to check and/or have legal representation-anyone facing high courts would be sheer folly to go in without an experienced legal head! They will use any mistake found, however minor, to have the case thrown out pronto!
@Vic’s Burd: and what are they supposed to use for money to pay these legal high flyers.?
They cant afford to pay their mortgage… !!!
Fair play to honohan,banks are getting away with murder.
Literally!
@@mdmak33: Government asleep on the job as usual. About time someone stood up against the lazy goings on in Banks now they’ve had 64 billion of taxpayers money. There a plenty of options but of course Fine Geal housing policy stands in the way of any progress.
If there is one person who should be going into the Áras, is Edmund Honahan. He has been the ONLY champion of the dispossessed in this country.He would have my vote and my support straight away.
Not only is the papework
Wrong but most affidavits are purged and exhibts are forged. The courts and the authorities are ignoring this for the benifit of the banks on a daily basis
3rd last paragraph…..
” …….Fair Mortgage Bull 2018″ more accurate than they think…….
Shame on FG and FF for not backing this Bill!
@sixmile: It would surely serve you better to listen to Reboot Republic’s podcast of their conversation with Edmund Honohan, many people have lost their lives as a result of the activities of FG’s Michael Noonan and the Banks
@Right2Homes:
I was pointing out a typo..off your high horse…..
@sixmile: “more accurate than they think”, apologies if I misunderstood
@ObsidianShine: Actually FFs John Mc Guinness introduced the Bill in he Dail and later called for the Dail to be recalled to debate it but he was supported by his own party or FG!
John Mc Guinness is Chair of the Oireachtas Finance Committee and former Chair of PAC.I don’t support FF party but I’ve great respect for him!
@Nuala Mc Namara: I knew all that Nuala thanks, I honestly don’t understand why John McGuinness is in FF at all.
The system is iniquitous from the start. The banks don’t ‘have’ any money to lend.
It’s different for mortgages but when someone goes into the bank for a ‘loan’ what happens is the person goes in and creates a promissory note which is a form of money, the bank then sells this on internal banking markets and lodges it in the persons acc. and then charges interest for the privilege.
This is the reason they run the world.
Not only is the papework wrong most affidavits are purged and exhibts are forged. The courts and the authorities are ignoring this for the benifit of the banks on a daily basis
@Dan public: if this is the case then it’s up to the home owner/their legal team to prove it at the hearing and use it to have their case thrown out… not discover it afterwards-that’s incompetence on part of defense.
@Vic’s Burd: what” legal team “would that be ?
Im delighted to read a judge has spoken out well done
@Mari:
The Master of the High Court is not a Judge.
I admire mr hounahan for his admiral work,but papers lodged too the court that are invalid are also illegal thus banks and vultures are breaking the law ,I suggest an audit too prove invalidity as the revenue would doo on a regular basis ,the charges include penalties and interest amounting too double the original loan paid by the bank s ect just imagine
Fine Gael are afraid of the banks. Based on the evidence how could anyone come to a different conclusion?
Don’t buy a house. Simple.
Hey remember when the banks couldn’t afford to pay their bills??…..
Remember the people bailed them out…..
I wonder where the bailout for the people who are unjustly loosing their house and more importantly having their home stolen from them.
I wonder if the banks will ever have assets or property stripped from them for illegal practices??
Everyone who has had their home taken from them because of illegal actions by the banks and those that supported such behaviour should occupy bank premises
#bankbailin
#bankparty!
If you think that Irish banks are behaving differently to theses B#####ds then you are mistaken. https://www.youtube.com/watch?v=XRS-pum5ovA&feature=share
Is there no solicitors who will fight the injustices without a fee upfront.
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