Man warned he faces prison if he does not leave repossessed home
A judge has warned a man who continues to live in his re-possessed home that he may face prison if he does not vacate the property in the next seven days.
Judge Jaqueline Linnane heard today in the Circuit Civil Court that Martin Tucker’s home at Danesfort, Castle Avenue, Clontarf, Dublin 3, had been re-possessed by Havbell Dac in August 2018 after Tucker failed to make repayments on his mortgage.
Barrister Gary Hayes, counsel for Havbell, told the court that Mr Tucker and his ex-partner had received a loan of €260,000 from Irish Life and Permanent plc in June 2003.
Mr Hayes said that in November 2017, Mr Tucker had been in breach of his monthly repayments with arrears reaching €75,700. The property had been taken into the possession of the Dublin Sherriff on 21 March 2019.
Counsel said that on 16 May 2019, Mr Tucker re-entered the property accompanied by his pregnant partner without notifying Havbell or its solicitors.
Mr Hayes, who appeared with Sherwin O’ Riordan Solicitors, said Mr Tucker had broken into the property as he had no other way of accessing it as the locks had been changed.
He said Mr Tucker had changed the locks after moving back into the home and had put an alarm system in place.
Judge Linnane told Tucker of the serious consequences he would face if he did not agree to leave the property in the next seven days. She said he must also agree to hand over the keys to Havbell and remove the security system in place.
She said he had been in contempt of court and an application could be made to have him committed to prison if he did not agree to vacate the property and deliver up possession to Havbell.
Judge Linnane told Tucker that he previously had a three month stay to allow him time to move out of the property and that he had no right to move back in. By doing so he had been breaking the law.
Tucker told the court he felt he had no other option but to agree to vacate the property. He requested more than seven days to leave the house but Judge Linnane denied his request.
She said there should be a peaceful handing over of the keys from Mr Tucker to Havbell Dac in one week’s time.
