“BANKS have had their own way for long enough and I will bend over backwards to listen to anyone who wants to address their indebtedness,” a Circuit Court Judge in LImerick has declared.
Judge Gerald Keys made his remarks during a case in which AIB applied for an order for possession of farmlands and house in County Limerick.
Michael O’Brien (53) was objecting to the bank application in relation to his home at Bulgaden, Kilmallock. The bachelor farmer was seeking to have the case adjourned until next year after he told the court that he discharged his legal representatives overnight.
Asked by Judge Keys as to his reasoning, Mr O’Brien said that he felt he did not have security over a deal that was agreed by his legal team with the bank.
“I do not have a binding agreement from the bank. I need someone’s signature over this so that I know it will remain in place and not change”.
Mr O’Brien said that he wanted to contest the veracity of certain legal documents issued by the bank.
Mr O’Brien owes AIB €250,000 including arrears and the court heard that a deal for a lessor amount had been agreed, but not followed through.
However, Mr O’Brien said that he did not have confidence in the deal struck and therefore wanted to discharge his legal team, but Judge Keys directed that he speak with his barrister, Ms Erin O’Hagan during a short adjournment.
Counsel for AIB said while an amount had been agreed, it was not paid and other terms of the deal were still outstanding so they wished to proceed with taking possession.
“Ah, hold on now a minute,” Judge Keys said. “Banks have had their way for long enough and I will bend over backwards to hear from anyone who wishes to address their indebtedness. If there is something that is due to a bank, they will get it in due course, but not until I say so.”
Judge Keys said that he would adjourn the matter until November 8 to allow Mr O’Brien time to re-engage his legal team and finalise the deal with AIB.
In another case before the court, counsel for EBS Mortgage Finance sought to amend documentation in proceedings against a woman in default of mortgage repayments on her family home.
The woman approached Judge Keys and said that she did not understand the proceedings as she couldn’t afford legal representation.
In an emotional plea to the court, the woman said that she had been diagnosed with cancer last Friday and would be starting chemotherapy treatment in the coming weeks.
“I feel I won’t be able to fight for my home”, she said before Judge Keys said that he would adjourn the case to next year urging the woman to seek assistance from the new ‘Abhaile’ legal aid scheme launched by the Government earlier this week to aid distressed borrowers.
