Mortgage Repossession Hearings before the Cork County Registrar: Myth versus Reality
24 Pages Posted: 9 Dec 2015
Date Written: December 3, 2015
During 2015 the outcomes in 892 civil possession cases were tracked in the lists of Cork County Registrar. The data was collected across 24 sittings from April to November and is limited to possession cases for residential property involving mortgages.
In total 1,683 individual case listings are included in the sample. Of these 79 resulted in the granting of a possession order while 182 were struck out or adjourned generally.
The data show that if 100 cases were listed before the County Registrar the outcomes, on average, would be:
12 could not proceed as notice would not be served on the borrower 9 would be struck out 2 would be adjourned generally to no future date 2 would be transferred to the Judge’s List for a hearing there 20 would be adjourned as per the practice direction 40 would be adjourned on the request of the lenders 15 would see the lender proceed with their application for a possession order
10 would be refused by the County Registrar and the case adjourned 5 possession orders would be granted
4 would be PPRs or former PPRs 1 would be a BTL and at least 2 would be vacant
This paper describes the dataset, the outcomes in the cases heard and, in particular, some of the characteristics of the loans when orders are granted and refused. There is also some summary data from the Cork City and Cork County Sheriffs on the number of evictions that have taken place.
The findings show that the most common outcome when a case is listed is for it to be adjourned. The banks proceed with an application for a possession order in around 15 per cent of listing and a possession order is granted in around one-third of these. For the period analysed, more than twice as many cases were struck out or adjourned generally compared to those cases which resulted in the granting of a possession order.
So far in 2015, 31 possession orders have been executed by the County and City Sheriffs and, of these, 23 of the properties were vacant at the time the possession was taken.
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