Noel Rock (Dublin North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

138. To ask the Minister for Justice and Equality if she will consider guaranteeing civil lawyers to persons undergoing disputes over their tracker mortgages in view of the fact these persons are at a disadvantage when it comes to paying for a lawyer after overpaying their mortgage; and if she will make a statement on the matter. [18216/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Government is committed to providing assistance to persons who find themselves in mortgage difficulties and as the Deputy may be aware, the Government last October launched Abhaile, the Free Mortgage Arrears Support Service. That service may be relevant to some home mortgage holders with tracker mortgage difficulties, though it does not provide legal advice or representation in tracker mortgage disputes specifically.

Abhaile offers free expert financial and legal advice and help to a person who is at risk of losing their home due to mortgage arrears, with the aim of identifying the best solution in their individual circumstances to resolve their mortgage arrears - and wherever possible, helping them to stay in their home. Help under Abhaile is available via MABS (the Money Advice and Budgeting Service), whose Helpline (076-1072000) and offices around the country can provide further information on the range of help available under Abhaile and can advise on eligibility. In general, a homeowner is eligible if they are unable to pay their debts as they fall due and are at risk of losing their home due to mortgage arrears.

Mortgage holders who qualify for Abhaile can avail, among other services, of a free face to face consultation with an expert financial adviser and/or a solicitor, and written financial and/or legal advice on solutions to their mortgage arrears.

In respect of the particular situation facing persons who may have been overcharged in relation to a tracker mortgage, it is open to persons who are unable to afford a solicitor to make an application for civil legal aid and advice from a Legal Aid Board law centre. The normal eligibility criteria will apply, details of which can be found on the Legal Aid Board's website www.legalaidboard.ie.