Written answers
Tuesday, 16 May 2017
Department of Justice and Equality
Law Reform Commission Recommendations
Róisín Shortall (Dublin North West, Social Democrats)
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104. To ask the Tánaiste and Minister for Justice and Equality the reason her Department abolished the right of foreclosure in the Land and Conveyancing Law Reform Act 2009; and if she will make a statement on the matter. [22762/17]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The position is that section 96(2) of the Land and Conveyancing Law Reform Act 2009 provides that a mortgagee's right to foreclosure is abolished. This implements the recommendation of the Law Reform Commission in its 2004 Consultation Paper "Reform and Modernisation of Land Law and Conveyancing Law" (paragraph 9.16) that foreclosure be abolished on the ground that it was not an appropriate remedy and had not been granted by Irish courts for over a century.
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