Oireachtas Joint and Select Committees

Wednesday, 2 April 2014

Joint Oireachtas Committee on Finance, Public Expenditure and Reform

Mortgage Arrears Resolution Process: Discussion

2:35 pm

Mr. David Hall:

It has. The difficulty is, as Ms Blackwell said earlier, there is no protection provided that allows for a legal opinion. If a person goes to a lawyer, with the greatest respect, and says that a receiver has just been appointed, immediately the lawyer will look at that person as if he or she has fifty heads because automatically he or she is in financial difficulty, faced with a great challenge and not in a position to rock down to the High Court with €20,000 to fight a receiver and Danske Bank.

As the Deputy mentioned, the cross-securitisation of a lot of family homes, especially those of farmers, is a monumental difficulty, and judgments are being sprung upon these homes.

With regard to receivers, we need a one-stop-shop. We do not say our process is perfect. As Ms Blackwell mentioned, many people should have advice and guidance available to them nationally. We had to make a choice of negotiating with people, including Danske for 18 months, or getting nowhere with decision-makers. We need to be in a position whereby someone can go to a safe place that is a one-stop shop. That is what is needed for those people, including those for whom receivers are appointed.

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