High Court allows man to retrieve personal belongings from repossessed house
A man whose house was repossessed is to be allowed back into the building to get his personal possessions as proceedings against him relating to alleged contempt of court orders were today adjourned before the High Court.
The High Court this month ordered that Patrick Ryan be brought before the court to answer alleged contempt over his alleged reoccupation of a house at Glendale Meadows, Leixlip, Co Kildare.
Mr Justice Barr was today told the house has been vacated and Start Mortgages had now secured the property by changing the locks.
Lender, Start Mortgages, had originally got possession of the house through the county sheriff over default on payment by Mr Ryan of a mortgage on the property which stood at €654,000.
Rudi Neuman BL for Start told the High Court today that Start was concerned Mr Ryan would try and get into the property again.
In January, the High Court ordered the property be vacated. This month Start was granted attachment and committal to prison orders against Mr Ryan and two other occupants of the house over alleged breach of the January order to vacate.
The attachment and committal proceedings had been adjourned to today.
After asking Mr Ryan several times if he was going to comply with the court order and give an undertaking not to enter the property, Mr Ryan said Start Mortgages had no claim on his property.
He also said he was not in contempt of court.
Mr Justice Barr said as the matter stood, Mr Ryan was out of the property and the locks had been changed and the property was back in possession of Start Mortgages.
The judge said he would not, in that case, have the jurisdiction to send Mr Ryan to jail as he “was not de facto in contempt.”
However, the judge adjourned the case for a month after counsel for Start Mortgages said it wished to prepare the house for sale.
Mr Justice Barr directed Start Mortgages to write to Mr Ryan, offering him a reasonable opportunity and agree a time so he can get his personal possessions from the house.
The case will come back before the court on June 24 next.
