Oireachtas Joint and Select Committees

Wednesday, 30 April 2014

Joint Oireachtas Committee on Finance, Public Expenditure and Reform

Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland

12:30 pm

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein) | Oireachtas source

I will ask Mr. Lehane a number of questions. If someone is bankrupt and his or her mortgage lender instigates repossession proceedings against him or her, what does Mr. Lehane's office do? Does it halt the proceedings for a repossession order? If a bankrupt's mortgage repayments were in excess of what it would cost to rent a similar sized house in the locality, would Mr. Lehane approve the mortgage repayment figure or would he ask him or her to vacate the house and seek rented accommodation? Does he have a standard list of values for items such as laptops, computers and other personal items above the value of €6,000?

Mr. O'Connor spoke a good deal about the protocol. Some who work on the front line with those in mortgage distress do not believe the protocol is all that it is made up to be. I am not sure about the engagement he has had with some of the organisations which have come before the committee. He has mentioned that he engages with PIPs and the banks. I want to ask him some questions in that regard. If a debtor misses a payment, is he or she deemed to have fallen into arrears and what happens at that point? How does Mr. O'Connor's organisation's service deal with that issue?

I return to the issue of inheritance. I asked earlier if there was clarity on what would happen when somebody involved in one of these processes inherited money or was given a gift. Is it the case that 100% above a certain value is taken and, if so, how does this combine with the legislation which refers to a figure of 50%?

I understand the protocols are not compulsory, although Mr. O'Connor mentioned the protocol to which the banks have signed up, but if proposals are made outside of them, can the banks veto them on that basis?

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