Courts / Ireland / Report

Court asked to remove charge over home of pensioner defrauded by daughter

Date
2023-06-14
Stage
Hearing Or Decision

Summary

In a High Court case, Marie Gibson, an elderly widow, seeks removal of a mortgage charge held by Promontoria Oyster DAC over her home at Castletymon Green, Coolock, Dublin 5. Gibson was defrauded by her daughter Pauline Gibson, who forged signatures to transfer the property to herself in 2003 and secured a €190,000 loan from First Active. The transfer was later set aside by Justice Brian Cregan as fraudulent. Gibson also sued solicitor Kevin O'Gorman for professional negligence and the receiver Paul McCleary. Promontoria, claiming €350,000 owed, opposes the removal of the charge and has offered Gibson options to stay or surrender the property. Gibson rejected all offers. The court has been asked to remove the charge and receiver, and to consider nominal damages against Pauline Gibson and O'Gorman. Justice Cregan has reserved judgment, noting the case's complexity.

Who, what, where, when and why

What: Report matter: Court asked to remove charge over home of pensioner defrauded by daughter. Procedural stage: hearing_or_decision

When:

Case subjects

Marie Gibson

Applicant

Pauline Gibson

Applicant

Places mentioned

Court Venue
  • The High Court
Secondary Mention
Residence
Address Area
  • Fortfield Road

Topics

Stage Hearing Or Decision

Read the original CNI report

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