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Family faces losing home in solicitor cash scandal

Robbie Tobin and Michelle Mahon, and their two young children, are in legal paralysis after their solicitor, Thomas Byrne, was shut down in the middle of handling their house purchase

Robbie Tobin and Michelle Mahon, and their two young children, are in legal paralysis after their solicitor, Thomas Byrne, was shut down in the middle of handling their house purchase

By Fionnan Sheahan Political Editor

Tuesday November 27 2007

A young family faces losing their dream home and being saddled with a €250,000 debt after being innocently caught up in the mulit-million euro solicitors' cash scandal.

Army couple Robbie Tobin and Michelle Mahon, and their two young children, are in legal paralysis after their solicitor, Thomas Byrne, was shut down in the middle of handling their house purchase.

"We're just on borrowed time at the moment. We're really in limbo," Ms Mahon told the Irish Independent.

Mr Byrne owes an estimated €50m and is being investigated by both the Garda Fraud Squad and the Criminal Assets Bureau.

When combined with the case against fellow suspended solicitor, Michael Lynn, it amounts to the largest case of alleged white-collar crime in the country's history.

Victims

Now a couple in West Dublin are the first victims to come forward. The mortgage on Mr Tobin's house in Clonsilla is not cleared, despite the sale going through and the money being given to Mr Byrne.

Ms Mahon's house in Clondalkin is sold and the new owners waiting to move in but the deeds are in Mr Byrne's files, now held by gardai. The couple can't complete the purchase of their new home in Lucan because the previous mortgage is not paid off.

Mr Tobin is a Corporal in the Army based at the Army Equitation School in and Ms Mahon is a Private at Cathal Brugha Barracks. Both are in the army for 14 years.

The couple currently live in Ms Tobin's house in Clondalkin with their son (8) and daughter (14 months).

Mr Tobin's old mortgage is still outstanding with First Active, so IIB won't approve him for a new loan. Due to the delays in the chain, the owner of their proposed new house in Lucan, Mark Hughes, has now had to give up on the house he wanted to buy in the midlands.

Fine Gael MEP Gay Mitchell is helping the couple out with their inquiries and is annoyed by the attitude of the banks to their cause. "It's an impossible situation. The issue is the bank saying we can't let you take on the mortgage.

"There has to be some way that they are not left in this scenario. These people are totally innocent. It would be a grave injustice if they were to lose their home," he said.

Ms Mahon says she cannot believe they are caught up in this nightmare. "I feel I'm looking into somebody else's life," she said. The couple are worried they will have to move into rented accommodation for Christmas.

"Your solicitor is one of the people you should be able to trust in your life," Ms Tobin said.

- Fionnan Sheahan Political Editor

 
 

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