AIB sought home of woman dead for seven years
Published 05/11/2015 | 02:30
AIB Mortgage Bank sought to recover possession of the home of a Dublin woman who had already been dead for seven years, the Circuit Civil Court has heard.
Judge Jacqueline Linnane was told that despite the bank having learned in 2009 of the woman's death two years earlier, in 2007, it issued possession proceedings against her only last year.
AIB Mortgage Bank yesterday asked Judge Linnane to change the title of its re-possession proceedings against Richard Birchall and Anne Marie Birchall for the recovery of the home they had shared at St Andrew's Grove, Malahide, Co Dublin.
A solicitor for the bank asked the court to delete any reference in the proceedings to the second named defendant. In its application, the bank stated it had loaned the couple €165,000 but Anne Birchall (otherwise known as Anne Marie Birchall) had passed away on December 12, 2007. It wanted the court to delete all plural references to the defendants and insert all necessary appropriate singular references to Mr Birchall.
When Judge Linnane was told the bank had learned, in 2009, of Ms Birchall's passing she asked why proceedings had been taken out against her in 2014.
She refused the bank's application and struck out all possession proceedings against the Birchalls.
"These proceedings should never have been brought, the bank being aware that Ms Birchall had passed away. You can start again and have your endorsement of claim corrected," she told the bank.
Meanwhile, in a separate case, a bid by Bank of Scotland (BoS) to substitute Start Mortgages as the applicant in re-possession proceedings for the Dublin home of Adele Condron-King, otherwise known as Twink, was struck out by Judge Linnane.
For the past two years BoS has been seeking to re-possess Idrone House, Idrone Avenue, Knocklyon, but Judge Linnane was told the loan had been sold on by the bank to Start Mortgages.
BoS asked the Circuit Civil Court to amend re-possession proceedings against Ms Condron-King and her estranged husband, David Agnew, to show Start Mortgages as the plaintiff.
However, the judge struck out the application, saying the loan had been signed on to Start Mortgages and BoS did not have the necessary status to bring the application.