Reasons for delay in executing 2009 court order not fully explained, judge says
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A retired solicitor who worked at one of the country’s leading law firms has stopped a credit servicing company from taking his €800,000 home after successfully arguing that lenders took too long to execute a possession order granted 17 years ago.
Mortgage lender EBS got a court order in 2009 for possession of James O’Neill’s home on Mount Venus Road, Rathfarnham, in the foothills of the Dublin Mountains, but did not act to enforce it. The loan was sold in 2021 to Mars Capital Finance Ireland DAC, which this week sought to enforce the possession order at Dublin Circuit Court due to the non-payment of a mortgage debt of close to €560,000.