Monday 5 December 2016

Man who lost €750k home blames bank for wife's suicide

Ray Managh

Published 24/11/2016 | 02:30

A man who lost his €750,000 home for failing to keep up repayments on his mortgage told a judge he was suing Bank of Ireland for damages for loss of consortium with his late wife. Stock picture
A man who lost his €750,000 home for failing to keep up repayments on his mortgage told a judge he was suing Bank of Ireland for damages for loss of consortium with his late wife. Stock picture

A man who lost his €750,000 home for failing to keep up repayments on his mortgage told a judge he was suing Bank of Ireland for damages due to its harassment of his late wife, which "had led to her suicide"..

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Patrick Cahill, of Grace Park Avenue, Drumcondra, Dublin, told Judge Jacqueline Linnane in the Circuit Civil Court that the harassment of his late wife by the bank "had led to her suicide".

Barrister Eithne Corry, counsel for the bank, told the court that bank officials in sworn statements had refuted Mr Cahill's claims and allegations.

Ms Corry said the bank gave Mr Cahill a €750,000 mortgage in 2006.

She told the judge that arrears had been consistent between October 2009 and June 2011. The last repayment had been made in July 2013.

Ms Corry said Mr Cahill, following correspondence, had been declared non co-operative by the bank in 2014 and a demand for repayment of the debt had been made in June 2015.

Mr Cahill had raised three issues which the bank did not accept: that it had no legal standing; that there were questionable matters regarding the mortgage itself; and that there were issues regarding the officials who had sworn statements on behalf of the bank.

Ms Corry said Mr Cahill had told the bank he had no problem making mortgage repayments to any entity that could show it had legal status in the matter.

She added that he had also made allegations of fraud and misrepresentation against the bank which officials who had dealt with mortgage details had described as "scandalous".

She said arrears stood at €159,500 and the balance due on the mortgage was €780,300.

Judge Linnane said there had been no effort by Mr Cahill to engage with the bank and he had not disputed that he had made no payments since July 2013.

"The existence of High Court proceedings which Mr Cahill has brought against the bank, including loss of consortium, in my view are not a bar to the bank exercising its rights under the mortgage which Mr Cahill executed," she said.

She said there had been various claims made in Mr Cahill's affidavits which had been opened to the court but none of them had been substantiated.

She said she was satisfied the bank's papers were in order and Mr Cahill had established no defence to the claim for possession. She granted the claim with a stay of three months and an order for the bank's costs.

Irish Independent

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