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Default Legal aid for a house repossession hearing

  • 17-08-2010 4:19pm
    #1
    Mr Smithers
    Closed Accounts Posts: 32 ✭


    Can an affected person get legal aid for a repossession application in the High Court?

    The legal aid board are being very vague on their website and on the phone.


Comments

  • #2
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    In theory a person can get legal aid for any civil action. In reality it is very rare in situations other than Family Law.


  • #3
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    It is pretty tough to get civil legal aid, but repossession is serious enough and clearly if the house is being repossessed the OP has no money to pay for legal advice. Keep hounding them until you get a definitive answer - remember to stress the financial state and the seriousness of the consequences of NOT getting legal aid.


  • #4
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    It is likely to fall under debt as far as the legal aid board are concerned and they won't assist.


  • #5
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Haddockman wrote: »
    It is likely to fall under debt as far as the legal aid board are concerned and they won't assist.
    Yeah, but it's worth a shot no?


  • #6
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Unless they can see a defence to the repossession, then it would fail the Board's merits test.

    It would be unusual for there to be a defence. Even if the charge on the property is defective, all the bank would have to do is sue on foot of the debt and register the judgement as a judgement mortgage.


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  • #7
    Grass between the tracks
    Banned (with Prison Access) Posts: 122 ✭✭Grass between the tracks


    For example, if a defence of no consent is raised under the Family Home Protection act 1976, the high court would void the mortgage. There are many cases on record where the courts have refused possession order applications by the banks.

    Now if the bank went and sued on foot of this and got a JM the bank would only be able to realise the amount of the benefical interest of the spouse that owes the money i.e. 50% of the value of the house.


  • #8
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    The vast vast majority of housing mortgages are raised to purchase the house and are therefore conveyances for value under s. 3(3) of the FHPA.


  • #9
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    In the case of a subsequent remortgage would it not be the case that section 3 (a) would not apply? I.e. the person is not actually purchasing the house.


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