Courts / Wexford / Report
Fund ordered to pay €53k over 'forged' signature on mortgage
Summary
In a High Court case, Mr Justice Mark Heslin ordered the financial fund Promontoria Oyster Designated Activity Company to pay €53,000 in damages to Elaine Madigan, who claimed her signature on a 2004 mortgage deed was forged. Madigan, a businesswoman and mother of three, had sued the fund and receiver Tim O'Brien over a bungalow she owned in Ballinamorragh, Curracloe, Co. Wexford. She argued that she never signed the mortgage, had no knowledge of any loan, and that the property had been in her family since the 1990s. A handwriting expert retained by Madigan testified that the signatures on the mortgage and related documents were not hers, a finding accepted by the court. The judge dismissed the appeal that the property could be sold, upheld earlier orders preventing sale, and awarded Madigan €43,000 for damages over 43 months of improper maintenance plus exemplary damages of €10,000, totaling €53,000.
Who, what, where, when and why
What: Report matter: Fund ordered to pay €53k over 'forged' signature on mortgage. Procedural stage: charge_or_pretrial
When:
- 2023-12-21 Publication
Case subjects
Applicant
Places mentioned
- High Court
Topics
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