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Legal loophole could strike out many repossession orders

Some mortgage holders who have fallen into arrears may not have to face the prospect of losing their home following the identification of a loophole by the advocacy group New Beginning.
Jul 25th 2011, 9:42 PM 6,031 31

A LEGAL LOOPHOLE has been identified regarding the repossession of homes belonging to mortgage holders who have fallen into arrears at the High Court today – which may see at least 100 repossession orders struck out.

Last year, a voluntary group of lawyers, business people and concerned citizens wishing to help mortgage holders who face imminent repossession orders but have no legal representation was set up, under the name New Beginning. The group says that it has exposed a flaw in the repossession system that had existed since 2009, RTÉ reports.

Today Justice Elizabeth Dunne ruled that if a loan went into default but demand for full payment was not made until after 1 December 2009, the lender cannot apply for repossession – due to the repeal of 1964 legislation by the Land and Conveyancing Reform Act of 2009.

Read more on RTÉ >

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Jennifer Wade


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