Mortgage arrears and repossession
One of the tragic consequences of the financial crisis of the past decade is the vast number of applications by banks seeking judgment or repossession against borrowers in mortgage arrears. The properties in question range from investment properties in Dublin city to family homes in Galway. The Government has responded by introducing countless legal rules to help distressed borrowers.
If you are having as much trouble with your bank as with the mortgage they are supposed to be helping you with, why not give us a call? Mahmud is one of the country's few specialist barristers in advising borrowers in mortgage arrears situations. The advice is legal advice as distinct from financial advice. This means that, in most cases, the bank will either have issued proceedings against you or is threatening to issue proceedings. If you are in that situation and wish to know your options, including whether you have any defences to the bank's claim, get in touch with us.
Below are just some of the matters in relation to which we have advised borrowers in repossession and judgment cases against banks:
- Whether the borrower may have a valid legal defence to the bank's claim for judgment and/or repossession.
- The procedure involved in defending mortgage proceedings.
- The chances of success in specific defences.
- Whether the bank complied with its statutory duties in the manner it dealt with the borrower's arrears.
- Whether the bank was statute-barred in seeking enforcement of the mortgage loan.
- Whether the bank was guilty of misrepresentation when offering a mortgage to the borrower.
- Whether the bank complied with its duties under the Code of Conduct on Mortgage arrears and other codes of conduct.
- Whether a bank breached its promise to refrain from issuing legal proceedings if the borrower complied with the terms of a negotiated settlement.
- Advice relating to complaints to the Financial Services and Pensions Ombudsman.
You can read more about defending mortgage proceedings in our knowledge base section.