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Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: It is above and beyond. I thank Mr. Lehane.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: No guidelines are given to personal insolvency practitioners as to what happens with inheritance above a certain level.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: Is it the case that the legislation does not allow for a 100% sum to be taken? I think the legislation mentions 50%.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: For the purposes of clarification, Mr. O'Connor mentioned that where somebody fell into arrears there could be payment breaks. I understand the ISI will not allow consecutive payment breaks. If somebody falls into arrears, Mr. O'Connor mentioned that a creditor under the legislation could appeal to the court to have the notice terminated. If the breach has not been remedied by the debtor,...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: Lastly, I note the protocols are ready to go. It seems that everything is agreed on them.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: What engagement has Mr. O'Connor had with those agencies or organisations that have worked on the front line? We have had a number of them before this committee. The Chairman invited in the likes of FLAC and New Beginning. The IMHO has been here.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: I understand that. I am sorry to push this, but Mr. O'Connor made a lot of the fact that ISI has been able to introduce these protocols in a shorter time than has been done in other countries. In fairness, there have been a lot of successes, and some disappointments, with his agency. However, while this is about PIPs, the banks and the credit unions, there is a view that some PIPs are...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: Around these protocols?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: That is fine. Lastly, I ask that Mr. O'Connor, before he signs off on these protocols, engage with those organisations to ask for their views and support.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: 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...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: Mr. Lehane mentioned the transfer of half of the asset that lies in the office of the ISI to the spouse and the fee of €5,000. I do not understand it so I will present an example as I think it is and the witnesses can tell me where I am wrong. If I am a husband and my wife has gone bankrupt and our mortgage is €300,000, the ISI holds half of the family home, but I am still...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: Earlier Mr. O'Connor gave an example of a house valued at €300,000 or one with a mortgage of €300,000 but valued at €100,000. A PIP proposal would see the bank recoup €200,000, so it is in the bank's interest to support the proposal. I will outline a missing element. The banks know that if a debtor or person in his or her family home takes the bankruptcy route,...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: Has Mr. O'Connor called Richie Boucher? Has anybody from the office engaged with his bank to see if he is genuine about torpedoing every proposal? Has the service adopted a wait-and-see approach?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: The Government, in launching the service, suggested that 18,000 people would access it in the first 12 months. I am sure the Government did not pluck the figure out of the air, but it must be deeply disappointed about the uptake. Is one of the reasons for the slow uptake the convoluted route to acquire a protected certificate and the onerous mechanism involved? Does the system need to be...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: I may come back to the matter later. With regard to inheritance or windfalls for someone who is in an arrangement, what is the agency's position regarding drawing down or taking a portion of the money? Is it 100% above a certain value? What rule does the agency operate for same?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: Can the Chairman inform me how much time I have left?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: I asked about inheritance and windfalls.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: Later I will return to the inheritance issue, because Mr. O'Connor has not really answered my question on whether the sum is 100% over a certain value. I hope we will get it the second time around. With regard to bankruptcy figures, let me take out the people who did not have a family home in the first place. That means that out of 54 cases in 2014, only 16 of them who are still in the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: I appreciate Mr. Lehane's comment, and I am sorry to interrupt him, but I must ask a specific question because I have just gone beyond my time. If they are not able to come out of default, what happens the family home?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Pearse Doherty: Only 16 people of the 54 bankruptcy cases this year are secure in their family home. Let us look at last year's figures.

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