A BID BY Bank of Scotland (BoS) to allow Start Mortgages take over repossession proceedings for the home of Adele King, otherwise known as Twink, was struck out by a judge today.
For the past two years Bank of Scotland has been seeking to re-possess Idrone House, Idrone Avenue, Knocklyon, Dublin 16, but Judge Jacqueline Linnane was told the loan had been sold on by the bank to Start Mortgages.
The lender today asked the Circuit Civil Court to amend re-possession proceedings against Condron-King and her estranged husband, David Agnew, to show Start Mortgages as the plaintiff and mortgage loan owner instead of Bank of Scotland.
Counsel for BoS told Judge Linnane that both King and Agnew had been notified of the bank’s application but that neither had turned up to court.
The court heard that BoS had already obtained an order from Dublin’s country registrar, Rita Considine, to serve Agnew with papers about the proceedings at his place of work, the DIT Conservatory of Music and Drama, 163 Rathmines Road, Dublin.
Both responsible for mortgage
Agnew’s name remains with King’s on the mortgage as they are jointly responsible for the loan.
Counsel for BoS told the court that King had been served with notice of today’s proceedings by registered letter mailed to her on 29 October.
Judge Linnane said that was not allowing King enough time to respond.
The judge also said that an affidavit seeking to transfer Start Mortgages onto the proceedings as the new plaintiff had been sworn by a solicitor acting for BoS.
“The loan and security transfer have been signed on to Start Mortgages and neither Bank of Scotland or the solicitor acting for them has the necessary status to bring this application,” Linnane said.
The judge struck out BoS’ application for change of title of the proceedings.
BoS papers served against King stated that, as of August 2013, the bank was owed €244,000 including just over €11,600 arrears at that time.
The court was not told if the amount of the loan or arrears had been reduced or increased since the 2013 date.
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