Daughter claims bank not entitled to possession of late mother's home

Bank of Ireland Mortgage Bank sought possession of a rural property in Ballinfull, County Sligo, valued at €180,000, following the death of its owner in July 2008. The deceased had borrowed €60,000 through a Life Loan mortgage in 2006–07 at age 86. The bank claims approximately €150,000 remains outstanding, including interest. The bank commenced proceedings in 2019, eleven years after the borrower's death. Before Mr Justice David Nolan at the High Court on Friday, the deceased's daughter, Teresa Gillespie, acting as executrix of the estate, argued the bank's action should be dismissed as statute barred under the 1961 Civil Liability Act. Ms Gillespie contends the bank should have brought its possession claim within two years of death. The Life Loan terms provided no repayments during the borrower's lifetime, with the full amount becoming due on death. No repayments have been made. Mr Justice Nolan reserved his decision, with judgment to follow at a later date.