Parents may lose family home after son fails to repay loans

Victor

How could a solicitor get into this sort of trouble? Surely all solicitors know not to give advice to both sides of a transaction / not let one side be without independent advice?

http://www.irishtimes.com/newspaper/frontpage/2009/1204/1224260044281.html

Parents may lose family home after son fails to repay loans
MARY CAROLAN

A MOTHER of four may lose her Co Dublin home after she transferred it to her son “out of love and affection” in order to raise funds for the family building firm, which later collapsed.

The Educational Building Society (EBS) has sought possession of the house at Bancroft Crescent in Tallaght of Rosaleen Rogers (62) and her husband Patrick over their son’s failure to repay more than €225,000 in loans secured on the house, the High Court heard yesterday.

ACC Bank may also seek to register judgment orders for some €440,000 – obtained against Paul Rogers and his father over debts of their building company, Barnroe Ltd – against the house

Ms Rogers claims she and her husband transferred the family home to Paul in 2002, when it was valued at €350,000, on the basis that it would be returned to them a year later, but that never happened.

In evidence yesterday, Ms Rogers said she was reluctant to put her home “on the line” as it “was all we had” but felt pressurised by her son and husband to agree to the transfer.

Ms Rogers said she later told solicitor Fiona Murray during a 20- minute meeting at her home in May 2002 that she wanted something in writing saying she would get her home back within 12 months. Ms Murray had said that was “a good idea” and had written up a document to that effect, which Ms Rogers said she understood Paul was to sign.

Ms Rogers described as “lies” assertions by Ms Murray that she advised Ms Rogers and her husband against the transfer and to seek independent legal advice.

Paul told her a year later he knew nothing about any document concerning return of the house, Ms Rogers said. She later learned he had failed to make repayments of loans and she had said to him: “Where am I now? I’ve no home.” She later ceased talking to him because there was “no point” – he didn’t want to know and was unwell with bipolar disorder. A house where he lives was the subject of a repossession order, she added.

In proceedings that opened yesterday before Mr Justice Michael Hanna, Ms Rogers was suing her son Paul; Ms Murray, practising as Fiona Murray solicitors, Donore Avenue, South Circular Road, Dublin; and the EBS. She wants either to have the house transferred back to her and her husband or, alternatively, damages.

Paul Rogers has entered no appearance in the case. Ms Murray, who is alleged to have acted for Paul Rogers, his parents and the EBS in matters relating to the house, denies all the claims against her.

Denying any liability, the EBS pleads it, acting in good faith, lent Paul Rogers €190,000 secured on the house after being told he had purchased it for €220,000.

Tom Young

So as not to inadvertently do violence to the parties to this litigation, as reported by the Irish Times. I think we need to lock this, as I suspect the matter may be sub judice.

Tom