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/Photocall Ireland

The verdict on Bank of Ireland's €250 million mortgage book sale

The sale of the performing mortgages to domestic player Dilosk was confirmed this morning.

First published 9.36AM

BANK OF IRELAND has struck a deal with an unregulated entity for €250 million worth of mortgage loans.

Under the terms of the deal, the loans, which are all performing, will transfer to Dublin-based player Dilosk.

The bank was mandated to sell the loans in July of last year as a condition for European Commission approval for its restructuring plan.

Reaction

The status of Dilosk as an unregulated entity has unavoidably raised eyebrows – and hackles – in some quarters.

David Hall of the Irish Mortgage Holders Association told TheJournal.ie that today’s news is “a very serious development”, and insisted that “anybody else in the mainstream banks won’t be able to sleep at night”.

Indeed, it does seem that there will be more mortgage books sold by the main banks before long, with the Spingboard book from Permanent TSB widely believed to be on the block.

Despite Hall’s insistence that borrowers will no longer be protected by the codes of conduct for mortgage arrears, Karl Deeter of Irish Mortgage Brokers said that “regulation doesn’t always incur good behaviour.”

Of Dilosk, he said: “Yes, they are unregulated but regulation doesn’t confirm some magical outcome.”

I have far more benign view of people described as vulture funds…there’s no need for mass fear among people.

It’s also understood that Dilosk could become regulated before the September deadline for the transfer of loans, although neither the Central Bank nor Dilosk could confirm this.

A spokesperson for the National Consumer Agency said that it had flagged concerns over the sale of loan books to unregulated entities with the Department of Finance and the Central Bank.

The NCA said it could not comment on a specific case, but is generally concerned that customers are not disadvantaged, with the main risk identified as a blanket ban on bringing disputes with unregulated entities before the financial services ombudsman.

The Central Bank said it has also raised concerns over the presence of unregulated purchasers of mortgage books in the Irish market and “is working closely with the Department of Finance on the issue”.

The Bank said that it is concerned that the borrower protections will be maintained by the new owners of any mortgage books.

The deal

The deal covers the sale of the ICS Building Society distribution network, which hitherto had been part of Bank of Ireland.

As part of the sale, Bank of Ireland is providing €100 million in vendor finance to Dilosk.

Dilosk has applied for authorisation from the Central Bank of Ireland to act as a retail credit firm, and it intends to comply with all the relevant regulatory codes applicable to mortgage lending in Ireland.

The company’s founder said that in addition to the purchase of the BoI loans, it intends to offer customers new residential mortgages through the ICS brand.

Fergal McGrath said: “Traditionally ICS has been one of the leading players in the Irish intermediary mortgage market and this acquisition gives Dilosk a solid platform to build on a recognised and long established name.”

Concerns

Central Bank governor Patrick Honohan has previously called foul on the sale of mortgages to unregulated funds, which has been a feature of the sell-off of IBRC assets during the liquidation of that entity.

Speaking to the finance committee earlier this year, Professor Honohan said that he had raised his concerns over the practice with Government.

“I am not pleased with this developments” he said in April.

“It has been the position of the Central Bank, communicated to government, that equivalent amount of protection should be applied to people moving out of regulated entities.”

Updated at 2.41PM

Read: Honohan “not happy” about mortgage sales to vulture funds>

Read: Too much debt and not enough houses: Ireland’s creditless recovery is here to stay>

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76 Comments
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    Mute Peter Carroll
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    Jun 26th 2014, 9:52 AM

    Now let me get this straight ….
    DILOSK is buying the ICS book for €250 million…
    BOI is LENDING ,,DILOSK €100 million ……
    CAN ANYBODY ELSE NOT SEE A PROBLEM WITH THIS ?????

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    Mute Eric Davies
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    Jun 26th 2014, 10:20 AM

    exactly what i was thinking peter, din’t we see this sort of thing going on between anglo and irish permanent, one lending money to the other so so they could ‘buy’ something from the first party , this stinks to high heaven, little more than money laundering, also if you take out a mortgage with a lender both parties sign a contract , the lender to lend you the money ,you to repay it , surely if the lender wants to ‘sell on ‘ that debt it should seek your permission to do so, the ‘contract ‘ is between you and the lender not a third party, especially in this case when the mortgages their ‘selling on’ are performing and not in arrears. for once i think patrick honohan is right about this it’s dodgy !

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    Mute Mick B
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    Jun 26th 2014, 10:47 AM
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    Mute Coddler O Toole
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    Jun 26th 2014, 11:51 AM

    Peter,

    BOI can do this because they will create €100 million which won’t have existed previously when they issue the loan to Dilosk.

    Here’s an IMF economist and a finance professor explaining this briefly in a 2 minute clip.
    https://www.youtube.com/watch?v=b6_SLwReMqo

    Banks have a license to create money from nothing and charge interest on it. Over 90% of the new money created in the world today is brought into existence by this mechanism.

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    Mute Robbie Elliott
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    Jun 26th 2014, 3:07 PM

    @Coddler..Banks do not create money out of nothing. They don’t create money at all. We do. ..Money is an acknowledgement or record of entitlement one receives in return for giving up one’s own labour/production or property. Money comes into existence as a further representation of our promissory obligations that we have to each other. It is created out of our labour, production, goods and services. No new money is ever issued by a bank without one of us first signing a promissory note, or as banks like to (falsely) call it “a lone agreement”. The promissory note is backed up with our ability to earn and retire the money from existence with our very own labour and production. This is where the whole fraud of banking comes into play. When a bank issues OUR money it is in fact NOT a debt to the bank because the bank gives up no of value of its own and therefore risks nothing which nullifies any rightful claim the bank has to both the principle sum issued and interest. However, there is still a debt. The debt is the sum of principle and should be retired from existence by the person who created the money in advance of earning it. But it is NOT the property of the bank, it is the property of no one. The bank (falsely) claims that it loaned money to a borrower and then (falsely) claims its taking a risk and so ads (unwarranted) interest. There is a common misconception that money is created by banks out of thin air. Anyone who says such a thing does not fully grasp what money actually is. To say “money is created out of thin air” or “nothing” is to first deny your very own victimhood, and then to ignore the crime of theft the bank commits against all of us. I think the notion that money is created out of thin air comes from the acknowledgment that banks give up nothing of value when money is created and issued to us, but that is not to say that we likewise give up nothing of value. We do give up value; we give up our blood, sweat and tears. Banks do not create money, let alone create it out of thin air. WE are the true creators of money and we create it out of our labour and production. Banks merely publish OUR money. ALL DEBT TO A BANK IS A FICTION. If people only understood the monumental crimes and fraud banking commits against us every day, and the effects those crimes have on us and society, there would be no such thing as banks and every banker alive today would be in hiding for fear of being lynched by the people. Banks dispossess us of all our wealth because they launder our wealth into their possession via a falsified debt to themselves. When a bank makes a family homeless and takes their home they actually get a house for absolutely 100% free. In other words, the bank just stole the house. It’s also worth noting that at any given time due to unwarranted interest by the bank the money supply in circulation is always short of its represented property there by resulting in the inevitability of foreclosures, dispossessions, bankruptcies, depressions, repossessions, unemployment, poverty, suicides, wars, starvation, and a whole host of other human misery. There is nothing more intrinsically evil than banking. There is nothing that even comes close to causing such great human suffering on such a massive scale for such a long period of time as banking. Banks were a creation of Satan. Our struggle should not be about debt forgiveness or debt write-down’s, our struggle should be about the abolition of the banking system itself. It’s estimated the world is over $100 trillion in debt. Who in hell did the world supposedly borrow all this from? Answer, nobody, it’s all FAKE debt to the banking system. Why? Because the actual REAL debt has already been paid off, in multiples. It’s the unwarranted interest that keeps the FAKE debt alive and keeps us all enslaved to banks. If banking was abolished tomorrow around 96% of all the worlds debt would be wiped out. Poverty would end overnight. As long as we have banks intruding on our trade and commerce with each other the economy will never be anything more than just a lie.

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    Mute Coddler O Toole
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    Jun 26th 2014, 4:02 PM

    Robbie,

    There is a lot of truth in what you’ve said but I think we need to differentiate between money and real wealth. Modern fiat currency money is created at will on computer keyboards, mostly in the commercial banks when they issue loans. This money has no intrinsic value as it’s merely an electronic record.
    Real wealth (e.g. housing, energy, food, clothing etc) on the other hand does have value, cannot be created at will and originates from the work which man brings to bear on the raw material of the planet. Money is just the mechanism by which people can access the real wealth of goods and services produced by human endeavour and intelligence.
    One of the great cons of modern capitalism is that the power to create money has largely been ceded to private commercial banks who have utter disregard for the wellbeing of society as a whole and care only for their own bottom line. They have created a vast tsunami of new money and funnelled into speculative financial instruments and present this as wealth creation when it nothing of the sort. The banks, hedge funds, currency speculators, private equity funds, commodity speculators etc do not create an iota of real wealth. All that they do is to speculate on the work of others who do create real value. At its peak, the size of the global derivative market was around $750 trillion which compares with the total GDP for the entire planet of about $60 trillion. So theoretically every scrap of wealth produced in the known universe for over 12 years was tied up in financial derivatives like Sean Quinn’s infamous CFDs. This demonstrates the sheer folly of handing the money creation privilege to the markets as we found to our great cost in the financial meltdown of 2007/08. The power and privilege of money creation needs to be taken from the parasite banks and returned to the rightful ownership of the state and its citizens so that it can be utilized to restore the real economy and create employment. Instead of licencing the banks to loan interest bearing debt money into the economy, the state should be creating and spending free non-interest bearing money into the economy. The money can be directed to socially and economically beneficial and sustainable projects like infrastructure, housing, education, renewable energy, etc and providing voluntary jobs for the unemployed. This is one of key steps necessary to allow us to address the economic crisis and begin again the task of building an equitable society and economy which meets the needs of all the citizens. A sovereign currency issuing state can create as much money as is necessary in order to achieve this objective.

    It’s no accident that the majority of the general population have no real understanding of where money originates from. This is incredible when you consider the central role that money plays in our lives. The vested interests want us to believe that monetary and banking systems are beyond our comprehension which is nonsense. The majority of people will understand perfectly these monetary & economic concepts when they are clearly presented without the jargon and propaganda that is used by the vested financial and political insiders to exclude people from the debate on the future of their own society. Professor Mary Mellor (Northumbria University) explains the topic much better than I in a series of 4 video lectures here:
    https://www.positivemoney.org/2012/12/understanding-money-prof-mary-mellor-videos/

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    Mute Robbie Elliott
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    Jun 27th 2014, 6:22 AM

    Coddler….It doesn’t matter if money is merely an electronic record or ink on a piece of paper it still has value because it is created by us with our labour and production. Sure, “housing, energy, food, clothing etc” has real value but they are the very things that we produce and the very things that create our money in order for us to trade those same goods with each other. I fully agree with you that “hedge funds, currency speculators, private equity funds, commodity speculators etc” do not create an iota of real wealth”. That is true; they pretty much do the same as banks in regard to laundering the wealth that workers create into their possession by manipulating financial markets. One might argue that they work for their money but that would be the same as saying a shoplifter or burglar goes out to work too. To say that money has no value is really doing yourself a disservice. But I must stress “value” & “price” is entirely artificial today due to the banks theft of what money represents, which is the stolen value of all our labour & production we give up to each other in any transaction. So if you paid say 30,000 euro for a house in the 1970s for example & that house is bought & sold many times right up to 2014 of course the price has been artificially inflated to a price of let’s say 300,000 euro & why you may ask ? it’s quite simple, If I purchased that house at 30,000 & paid the bank 60,000 I would then be looking for at least 60,000 on a subsequent sale thereafter wouldn’t I & this applies to anything produced simply because all new money that comes into circulation is only ever a sum principal paid into circulation from the outset of anyone’s promissory obligation. Contrary to the lie of economy that purports rising prices means rising value is simply false, because if you pay the value of principal X2 to a thieving bank on any ‘alleged’ loan the bank is therefore stealing the value of 2 homes right? BUT you only received the value of 1 house off the real creditor who is actually the guy gave up the house right.? The bank is essentially stealing the value of the house the real creditor gave up by stealing the production of the ‘alleged’ borrower by charging principal & interest for the mere cost of publishing the money. Now, to keep the illusion of rising value equal in proportion to price are two things here really.
    1) ARTIFICIAL Price inflation caused by the very interest paid out of circulation on top of the former principal to thieving banks simply because what all industry & commerce pays to thieving banks is an added cost passed on to the consumer. CONTRARY to the lie that price inflation is solely caused by a (non-existent) circulatory inflation or the lie people ignorantly parrot that too much money printed or published above the cost of all goods & services produced is the cause of price inflation,, BUT how can circulatory inflation be the cause of price inflation if we are always paying principle and interest out of a circulation that only ever consists of some remaining principal? People therefore stupidly look at the national debt & assume not only that this is money created out of thin air but its likewise over inflating the volume of circulation totally ignoring the banks purposed obfuscation or the volumetric impropriety of charged interest (circulatory deflation) on all our phony loans at all local banks .
    2) Government representatives therefore borrowing back what was stolen originally & then spending into circulation the irreversible multiplications of artificial debt which is the perpetual re-inflation or a poor attempt to only to sustain what’s left of all our industry & commerce until the very end where we all will be dispossessed of all our property & wealth.
    In conclusion, it’s not rocket science really, simply because its mathematically impossible for ALL our industry & commerce to sustain what is an irreversible multiplication of artificial debt, growing by the day I may add, so naturally all business’s will hit the wall eventually, coupled with never ending artificial price inflation which is an added cost to all industry & commerce on top of unwarranted taxation to pay an artificial national debt that’s mathematically impossible to pay down so long as we are paying any sum of interest on our own personal but falsified debts. Logically therefore we will be dispossessed of all our property & wealth, public & private, wont we mate.
    We are seeing this already, the volume of people being dispossessed of all their property is growing by the day only so that what’s left of all our industry & commerce can pay their falsified debts to banks however we are now in the terminal cycles of dispossession worldwide where not even what’s left of all our industry & commerce can sustain the irreversible multiplication of artificial debt. I don’t think either of us are worlds apart on our understanding of the misery that private banking cartels and financial markets cause to our societies and indeed to our planet as a whole. But Coddler, if you’re following positivemoney,org I can assure you they are sending you in the wrong direction. This is already evident in your belief that money is created out of nothing. Just look at who is behind positivemoney. Simon Dixon, an investment banker. If you’re looking for a true monetary justice as opposed to the corrupt fraudulent system we have the misfortune to live with today then I suggest you spend some time on Mathematically Perfected Economy™. It is the ONLY real alternative. Below is a link to an MPE site, if you’re interested, its a very good explanation of how money is created, issued and then laundered back into the banking system via a falsified loan subject to unearned interest…
    Peace
    http://australia4mpe.wordpress.com/category/testimony-of-a-banker-about-a-foreclosure/

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    Mute Niall Torris
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    Jun 26th 2014, 9:41 AM

    What were we expecting? A bank to suddenly start behaving responsibly? Some chance…

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    Mute Neal Ireland Hello
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    Jun 26th 2014, 10:50 AM

    I think we were expecting a little more regulation by now. If not by our government, at least by Brussels.

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    Mute James Murphy
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    Jun 26th 2014, 9:49 AM

    The central bank remind me of Ted and dougal protesting outside the cinema, no one listening to them and in the end just going along with the whole thing.

    Down with that sort of thing.

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    Mute David Murphy
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    Jun 26th 2014, 9:47 AM

    How is that even legal?

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    Mute Stuart Boyle
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    Jun 26th 2014, 10:05 AM

    Ah Dave,
    I’m sure it’s in the Really really really small print of the mortgage deal that the bank can do whatever the hell they want and get away with it.

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    Mute Liam
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    Jun 26th 2014, 6:40 PM

    Is there anything stopping dilosk from hiking the variable rate to their new customers? They are after all unregulated… I can’t understand how this is legal either… its like the bank selling my loan debt to my neighbour and him then doubling the interest rate leaving me screwed…

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    Mute Thierry Rat
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    Jun 26th 2014, 9:58 AM

    Applying this approach I cud sell my mortgage to my neighbour without informing boi

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    Mute Thierry Rat
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    Jun 26th 2014, 9:53 AM

    Can mortgage holders legally find out if there’s was sold as I’m pretty sure my agreement has regulated by central bank on it, would this be a breach of contract on boi part

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    Mute TheJeff
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    Jun 26th 2014, 9:59 AM

    You will also find that BOI have the right to transfer their rights & duties in relation to the mortgage to a 3rd party :( (small print)

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    Mute Ted Carroll
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    Jun 26th 2014, 10:47 AM

    Thierry I would assume that the bank has done their homework on this before transferring anything. The loans most likely won’t be transferred until the purchaser is within the regulatory framework necessary.

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    Mute Ben Gunn
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    Jun 26th 2014, 2:04 PM

    If your agreement was a regulated agreement when it was made, it will remain regulated whilst it remains in force. The loan portfolio is not becoming unregulated just because it’s new owner is not regulated. An unregulated entity has to behave itself in contractual dealings with it’s customers. Being unregulated essentially means it is not subject to Central Bank supervision with regards to capital and other funding, directors and managers, asset quality etc.

    Borrowers whose loans have been sold on should see no difference in the conduct of the lender.

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    Mute Owen Lynch
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    Jun 26th 2014, 9:47 AM

    Same old story all these banks have very short memories.

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    Mute Thierry Rat
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    Jun 26th 2014, 9:55 AM

    It’s probably companies like dillosk and there shareholders who orchestrated the chaos over the last few years, always look at who ever profits to point the finger

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    Mute Eric Davies
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    Jun 26th 2014, 10:24 AM

    wonder who is on the boards of companies like this? wouldn’t be surprised to find one or 2 ‘well known’ people or politicians have connections with them!

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    Mute whynotme
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    Jun 26th 2014, 9:59 AM

    Wait until Michael Noonan hears about this . No better man to put a stop to this carry on .(ahem)

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    Mute Willy Moon
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    Jun 26th 2014, 10:14 AM

    No matter what you will find the banks have all the rights and the backing of our government, the government backed it last year and the other sh*th*ads in Europe will back it also, it will never be anything more then getting the balance sheet right on the banks books, and feck the people, we can do nothing but suck it up, it’s that simple unfortunately,

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    Mute Chris Kirk
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    Jun 26th 2014, 9:53 AM

    You wouldn’t know who you are dealing with theae days

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    Mute Patlyndo
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    Jun 26th 2014, 10:08 AM

    The question is Thierry, if you stopped paying your neighbour how long do you think it’ll take him to throw you out.

    Because the cynic in me is thinking that the reason the BOI got rid of these loans waas because they are not performing.

    What we have is a credit collection agency – they won’t be as patient as the bank because they are not regulated. To regulate them requires new legislation.

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    Mute Sean South
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    Jun 26th 2014, 10:15 AM

    It says in the article that these are loans which are all performing…my fear is that they are being sold to an unregulated entity

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    Mute Patlyndo
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    Jun 26th 2014, 10:27 AM

    Sean, that’s what they said about the IRBC mortgages and it turned out that the vultures cherry picked the loans and not all were performing.

    Ask yourself this – why would the bank shift healthy performing loans, an action that makes their loan book look much worse.

    I didn’t believe or trust the banks in 2008 – and I certainly don’t believe them now.

    If the loans are performing, then are they on tracker rates? What are they exactly and why were they sold off?

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    Mute Peter Carroll
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    Jun 26th 2014, 10:28 AM

    So if they are UNREGULATED how can they provide mortage facilities???
    Theyll be outside the vontrol of the CB … In other words AN UNLICENSED MONEYLENDER

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    Mute Sean South
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    Jun 26th 2014, 10:54 AM

    Pat, I agree something is not right…will we ever learn

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    Mute Patlyndo
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    Jun 26th 2014, 11:14 AM

    Sean, more information coming out.

    The sale was ordered by European Commission competition authorities last year

    They are all ICS mortgages.

    The buyer is an Irish company looking to be regulated as a mortgage lender in this country.

    All the mortgages are performing.

    None are on tracker mortgages.

    This is a small fraction of the 6.7 billion in loans left that will now transfer into BOI along with th deposits.

    Is this the “good bank” and BOI is the bad bank.

    .

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    Mute Sean South
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    Jun 26th 2014, 11:29 AM

    Could well be

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    Mute Joseph Siddall
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    Jun 26th 2014, 1:27 PM

    Sean, “performing” is a weasel word. Needs to be qualified. Performing well or performing badly or somewhere in between. Read the words, not the gloss.

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    Mute carophe
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    Jun 26th 2014, 3:47 PM

    They should say if it’s ever been a foreborne loan…performing is a loose term that tells you nothing of the quality of the loan.

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    Mute Stephen Sargent
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    Jun 26th 2014, 10:20 AM

    It’s win win win for the banks all has been the way & always will be !!!

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    Mute Carcu Sidub
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    Jun 26th 2014, 10:53 AM

    I can see lots to trips to the commercial court over contract law, nobody but the lawyers will win

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    Mute Barry Mc Donnell
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    Jun 26th 2014, 11:08 AM

    Actually, this is a very bad deal for the bank. Our lords and maters in Europe are effectively insisting on this as part of bank stress tests, ie. Banks must sell performing mortgages to third parties as well as non performing ones ( I know, stupid, but hey, it’s Europe!). At least they’re being sold to a company willing to be regulated in ireland. Could be much much worse.

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    Mute Patlyndo
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    Jun 26th 2014, 11:15 AM

    It’s a bad deal for BOI customers.

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    Mute FlopFlipU
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    Jun 26th 2014, 10:37 AM

    Get a few French lad,s over to advise us what to do ,I would like to see the government in France to try and cripple it,s people the way we were by our government ,their finances are in a bad way as well ,but more caution is being shown by the French government

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    Mute Thierry Rat
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    Jun 26th 2014, 10:55 AM

    All affected customers should pool together and take it on

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    Mute Jack Daniels
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    Jun 26th 2014, 1:05 PM

    By no means do you want to frighten already stressed out mortgage holders but the big clean out is just starting .The great land grab has just begun.

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    Mute Mindfulirish
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    Jun 26th 2014, 2:35 PM

    Richie Boucher probably sold them at lowest price to his pals the Dunne’s whose wedding he attended and who he didn’t chase as vigorously as the poor people whose homes are now gone. Shame on the Board of this corrupt bank

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    Mute Thierry Rat
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    Jun 26th 2014, 10:04 AM

    Rights and duties, I would need more clarification as that is a bit loose legally speaking

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    Mute Larry L'Oiseau
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    Jun 26th 2014, 10:07 AM

    Check the small print in your mortgage, they can assign the mortgage to a third party but you can’t.

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    Mute Thierry Rat
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    Jun 26th 2014, 11:08 AM

    Surely will have to notify affected customers in writing, or will a query by registered post be required???

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    Mute Eileesh Buckley
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    Jun 26th 2014, 3:16 PM

    this sort of activity in the USA bit the banks in the rear-end because they were selling on mortgage loan books to others who then in turn sold them onto others, etc., etc. to the point where the paper work got lost along the way & then the banks had NO proof of a mortgage being unpaid against the property they tried to foreclose. I’d be shocked if the same paper-work losing results didn’t happen here now that the re-selling of loan-books has happened.

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    Mute Thierry Rat
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    Jun 26th 2014, 10:12 AM

    If all the banks had an open unregulated market it would create competition and better for borrows

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    Mute Eric Davies
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    Jun 26th 2014, 10:26 AM

    we had virtually un regulated banks in this country a few years back thierry, and look how that panned out !

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    Mute Neal Ireland Hello
    Favourite Neal Ireland Hello
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    Jun 26th 2014, 12:52 PM

    Open – yes

    Unregulated – no thanks.

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    Mute Darrell Cushion
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    Jun 26th 2014, 4:50 PM

    Article should clarify that ICS Tracker mortgages are not included in this deal

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    Mute Thierry Rat
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    Jun 26th 2014, 10:38 AM

    If it was unregulated mc Donald’s could let people 100000 at 2 or 3 percent or coca cola at 1.5

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    Mute Thierry Rat
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    Jun 26th 2014, 11:03 AM

    Ted don’t assume, it makes an ass of u and me

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    Mute Thierry Rat
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    Jun 26th 2014, 1:21 PM

    It appears it should only affect customers who went through a broker

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