Oireachtas Joint and Select Committees

Wednesday, 16 June 2021

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

General Banking Matters: Discussion

Mr. Tony Lawlor:

Yes, this ties in with much of what Mr. Butler and Mr. Kavanagh stated. Before a person can draw down the money, the solicitors give an undertaking that the deeds of mortgage will be signed in advance of the money being given to that person. I have no doubt I did that. I drew down the money on 23 June 2004. The deed of mortgage should have been signed, and was signed, before the money was drawn down on that date, yet when I was in court, the bank produced a mortgage deed signed on 8 April 2005.

I got no money in 2005. It is not possible for that mortgage deed to stand up to legal scrutiny. In fact, my mortgage had been securitised at that stage and had been transferred to another entity. It was not possible, therefore, for me to sign a document that authorised the bank to proceed with an application on a summary basis to possess my home. That does not stand up to legal scrutiny. I should add that I hold an honours degree in law, so I have a basic idea of what I am talking about, although I am sure it is much more complicated than that. In essence, that document does not stand up to legal scrutiny or to the current law in this country, yet banks are allowed to use it in court and the courts do not ask any questions.