Courts / Sligo / Report

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

Summary

The High Court heard arguments on Friday regarding a possession claim by Bank of Ireland Mortgage Bank against the estate of the late Bridget Cunningham, who died in July 2008. Mrs Teresa Gillespie, acting as executrix, argued that the bank's action is statute barred under the 1961 Civil Liability Act because it was not brought within two years of her mother's death. The bank, which claims approximately €150,000 in debt, commenced proceedings in 2019 against the property in Ballinfull, Co Sligo, valued at €180,000. The loan, a €60,000 'Life Loan' taken in 2006/07, became due upon the borrower's death. Ms Gillespie, represented by Martin Hayden SC and Eoin O'Shea BL for McDermott, Creed and Martyn Solicitors, contended that the bank is not entitled to the interest charged and rejected allegations that she has been living in the vacant property. The bank, represented by Brian McGuckian BL, asserted that Ms Gillespie has no defence. Mr Justice David Nolan reserved his decision and will deliver judgement at a later date.

Who, what, where, when and why

What: Report matter: Daughter claims bank not entitled to possession of late mother's home. Procedural stage: charge_or_pretrial

When:

• July 2008 Hearing Or Sentence
• April 2021 Incident
• 2023-12-09 Publication

Why: Bank of Ireland Mortgage Bank is not entitled to possession of the home of a deceased County Sligo woman because it has waited too long to bring an action in respect of the property, the late woman's daughter has argued before the High Court. CNI source report

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial

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Read the original CNI report