Pensioner forced to leave home of 37 years
Published 23/06/2011 | 05:00
A PENSIONER is facing eviction from her home of 37 years following a High Court decision she has no arguable case to prevent repossession of the property due to mortgage arrears incurred by her daughter.
Ms Justice Mary Laffoy said it was "tragic" that irrespective of the outcome of the full legal proceedings brought by Eileen Tynan (74), she "will have to leave the home and neighbourhood in which she has lived for almost 40 years".
Even if Mrs Tynan established a right of residence in the property in full legal proceedings, all she would be entitled to was a sum of money representing the value of that right, the judge found. She would not be entitled to any order protecting her continued residence there.
Mrs Tynan has lived at Rose Villa House, Old Callan Road, Kilkenny, since 1974. The court was told Mrs Tynan and her daughter Veronica always understood Mrs Tynan would live there for her lifetime.
It was a council property, but Mrs Tynan and her husband Patrick bought it out in 1980. After the marriage broke up in 1999, Mrs Tynan agreed with her husband in 2000 to transfer their interest in it to Veronica, who paid IR30,000 to buy out her father's half-interest.
Another daughter, Helena, later agreed to buy the premises from Veronica after the latter became ill, but the property was sold back to Veronica in 2005.
Veronica took out a €180,000 mortgage with Start Mortgages for that purpose but became ill again in 2007 and mortgage arrears built up.
An order for possession was made in October 2008 when arrears were about €31,000. The arrears are now about €48,000 and €209,616 is owed under the mortgage.
The property has been given a "drive-by" value of €155,000.
Execution of the possession order was stayed after Mrs Tynan brought her action arguing for a right of residence in it. Pending the full hearing of that claim, she sought an injunction restraining eviction by the Kilkenny County Registrar.
In her reserved judgment yesterday, Ms Justice Laffoy said she had "no option" but to refuse the injunction application. The judge ruled Mrs Tynan had made out no arguable case that she had a right of residence in the property which had priority over Start's charge.
The judge upheld arguments by Start that Mrs Tynan re-ceived independent legal advice before signing a deed of confirmation dated December 5, 2005, providing for the execution of a mortgage deed by Veronica in relation to the property.