Saturday 14 December 2019

Roccas lose €1m home after failed legal case

  

Bernard and Theresa Rocca
Bernard and Theresa Rocca

Ray Managh

Businessman Bernard Rocca and his wife Theresa Rocca lost their €1m home after a judge rejected every legal argument they had put forward in a bid to save it being handed back to a so-called vulture fund.

Judge Jacqueline Linnane said it was an undisputed fact Mr Rocca owed just over €2m in commercial loans to Havbell Dac as well as the €131,000 both he and his wife owed on a mortgage on the property at 30 Woodberry in leafy Castleknock, Dublin.

When Eanna Mulloy SC asked the court for a three-month stay on a possession order in favour of Havbell to facilitate consideration of an appeal, barrister Gary Hayes, counsel for Havbell, told Judge Linnane it was yet another delaying tactic.

He said every aspect of the Roccas' defence over the past two years was to delay the outcome of the application.

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Judge Linnane said both Roccas, having had the benefit of legal advice, had earlier signed mortgage conditions which tied both of them to all existing or future borrowings either of them would enter with Havbell.

Judge Linnane came to the conclusion there was no defence to Havbell's application for a possession order, which she granted with an order for all legal costs. The court would agree to putting a three-month stay on her formal order for possession to allow the Roccas and their legal team to consider their position.

Irish Independent

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