Home repossession case adjourned after borrower’s concern on Santa

A High Court judge agreed to adjourn a home repossession case until the New Year after a Donegal man told her he had five children and was concerned about Santa Claus.

A High Court judge agreed to adjourn a home repossession case until the New Year after a Donegal man told her he had five children and was concerned about Santa Claus.

The unnamed borrower, from Letterkenny, claimed the Educational Building Society had tendered him incorrect advice and he would not have taken out two commercial loans in June 2006 if he had not been given this advice.

He told Ms. Justice Elizabeth Dunne at this week’s hearing that he had looked for documents from the EBS relating to his loans and was unhappy they had not been provided. He considered his loan had been traded and “securitised by the building society and it might no longer own it.The property involved, he said, was “not just a folio number on a piece of paper” and he wanted a full hearing to carry out a “securitised audit” on the loan.

“This is my life we’re dealing with,” the borrower told the court.

The suggestion that the bank might not be the holder of the loan was refuted by Counsel for the EBS. The case had gone on for two years already and should be completed, he insisted.

Commenting on the case, Ms. Justice Dunne pointed out that the borrower had not questioned the building society’s ownership of the loan on affidavit. She had already given time to the borrower to file other affidavits but he was not “doing terribly well” in supplying a defence. However, she agreed to give him one final opportunity and adjourned the case until December 19th.

But in an appeal to Ms. Justice Dunne, the borrower requested if she could hold off until the New Year. He had five children and was concerned about Santa.

The judge agreed to adjourn the case to the New Year.