In an op-ed penned for the Irish Examiner, Julie Sadlier, a solicitor who has been working with people in mortgage distress facing the prospect of home repossession, writes that a recent High Court judgment offers a “ray of hope” for borrowers.
Sadlier explains that the judgment, Grant v County Laois Registrar, confirms that Irish courts must protect consumers’ rights under EU law in mortgage arrears cases and assess mortgage documents for unfair mortgage terms on their own initiative, deleting any terms they find unfair. Significantly, the Judge also held that the Irish mortgage enforcement process protects the right to a home because Irish courts have the jurisdiction, when asked by the borrowers, to consider all the evidence in the case. This is called a proportionality assessment, and is in keeping with key principles underpinning the EU Charter of Fundamental Rights and the European Convention of Human Rights.
The judgment marks the first time that an Irish court has acknowledged that borrowers have these Charter rights in possession cases.
As over 60,000 mortgages in arrears still affect the country, Sadlier advises that solicitors and advisors working with the State support organisations like Abhaile and Legal Aid, should now begin to provide advice and information about the possible application of EU law to possession cases.
To read the op-ed, please click here: https://www.irishexaminer.com/breakingnews/business/hope-for-those-at-risk-of-repossession-920695.html
Julie Sadlier is a solicitor working with Kieran Mulcahy Solicitors in Limerick. She is also one of the legal experts involved with the Abusive Lending Practices Project (ALPP), working to raise awareness of the relevance of EU law in possession cases.