A bank is to evict a Dublin mother and her children just before Christmas. It will be the second time they have been evicted this year.
Linda O'Hora was put out of her home at 8 Willow Wood Park, Clonsilla, Hartstown, by the County Sheriff last month but unlawfully went back in again, the Circuit Civil Court was told yesterday.
Ulster Bank Ireland Limited obtained a new court order authorising the sheriff to put her out again. The bank told the court she had unlawfully re-entered the house and was now occupying it with her children.
Barrister John E Donnelly told Judge Jacqueline Linnane that the bank had sought possession of the property in December 2012 and while the application had been adjourned from time to time Ms O'Hora had never engaged with the lender or its solicitors and had not attended court.
Mr Donnelly, who appeared with Hugh J Ward, solicitors for the bank, said that in February this year Judge Susan Ryan had granted Ulster Bank a possession order in Ms O'Hora's absence, but had given her a stay of execution until the end of August.
Counsel said that on the original loan of €242,000 there was an outstanding balance of €235,673, which included arrears of €55,462. The first default had occurred in May 2007 and the last payment towards the mortgage, apart from a payment this month of €900, had been made in April 2013.
Mr Donnelly said that in September - following the expiry of the six-month stay - an execution order had been issued authorising the sheriff to take possession, which he had done on October 16.
He said that on October 23 Ms O'Hora had brought a motion seeking to have the possession order set aside, but this had been struck out by the court. Ms O'Hora had unlawfully re-entered the property and had refused to leave.
Ms O'Hora said that in the past she had been unable to afford her mortgage repayments, but recently her job situation had improved and she could make the repayments.
"I can do this. I know I can do this. I am in a better situation in my job and the money is better," she said in court.
Mr Donnelly said the bank would like to sort out the situation.
They could not allow a situation where the action of the sheriff could be circumvented by people going back into possession.
Judge Linnane said the possession proceedings had commenced three years ago. Ms O'Hora had not engaged with the bank and no application had been made by her to the court during the six month stay she had been granted.
The court granted the orders sought by the bank on which it can act without further notice to O'Hora.