"A retired solicitor successfully argued that lenders took too long to execute a possession order granted 17 years ago, preventing the credit servicing company from taking his home."
"The mortgage lender EBS obtained a court order in 2009 for possession of James O'Neill's home but did not act to enforce it for 17 years."
"Mars Capital Finance Ireland DAC sought to enforce the possession order at Dublin Circuit Court due to the non-payment of a mortgage debt of close to €560,000."
A retired solicitor successfully prevented a credit servicing company from taking his €800,000 home by arguing that lenders delayed executing a possession order from 2009. The mortgage lender EBS obtained the court order but failed to enforce it for 17 years. In 2021, the loan was sold to Mars Capital Finance Ireland DAC, which sought to enforce the order due to non-payment of a mortgage debt of nearly €560,000. The judge noted that reasons for the delay were not fully explained.
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