April 27, 2015
We have been notified by Land League Mayo that approx. 110 Applications for Orders for Possessions of family homes will be made in the Registrar’s court at Castlebar Courthouse tomorrow morning at 10:30am.
Again we ask as many people as possible to turn up to support the individuals, couples and families who stand to lose their homes. The practice of allowing Registrar’s to convene courts in order to expedite the process of unlawfully taking possession of people’s home is immoral and unconsititional. Whatever people’s opinions are regarding the obligations that people are, or may be, under to repay mortgages need to be put aside when viewed in the context of the wrong being perpetrated on home-owners by taking their property and transferring it to a select few – for folk that is exactly what is actually happening on a daily and weekly basis within our society.
Further, it appears that Registrar’s are using our public courtrooms which are staffed and paid for by the taxpayers of our country to work in a private capacity on behalf of lenders/banks by assist them take possession of property that is protected by the constitution and legislation. A person’s home and shelter can not be taken except with the consent of the owner and we need people attending these courts to understand that if they refuse consent the Registrar has no power to make any order.
Last month on the 23rd March we had a very successful day when one considers that only 5 orders out of a total of 115 applications were made. These were made when the home-owners or solicitors acting on their behalf consented to the orders being made.
In addition national and internation attention was drawn on these proceedures when it was highlighted by the media that the Registrar had to restart the court three times. The mere number of people showing up to lend support to others in cour shows that people-power works. Only by publicly high-lighing and pointing out to the court the criminality and wrong-doing of the Registrar can we help people who are there to protect their property, and indirecly forcing the registrar to operate according to legislation. The majority of people summoned to these courts are not aware of the processes and procedures involved and feel vulnerable and isolated. A court-room is a lonely place for a defendant who stands to lose his/her home. There is a moral obligation on all of us that see wrong-doing to point it out and hopefully by doing so help to correct the wrong.
On the 16th March in Roscommon Registrar’s court there were 97 applications for Order and we had over 60 people that showed up from various groups to support homeowners. The power of the number of people present caused the registrar at one stage in the proceedings to remark “…. judging by the number of people here an Order is a very emotive issue and in the interest of justice should be open and transparent….”. He was recognising the fact that he could sense the concern of the people there – without anyone actually saying anything, or interrupting, the court, their actual presence caused the registrar to acknowledge their influence over the preceedings and later this influence manifested itself in the way he handled cases as could be seen in some decisions he made that day.
Later on, when he was dealing with an application where the homeowner failed to show up he commented that he “was not satisfied to make an Order before the defendant had an opportunity to come before me as I want to be fair to everyone”. The registrar would not normally do this he would proceed straight to making the order, this was a changed guy from the one we had seen in the same courthouse on previous occassions – was it that he wanted the public to perceive him as a decent and fair man?
And then we had a break-through went he told the Barrister for the lender that he was adjourning the case on the basis “that I am not prepared to accept a copy of the loan agreement, I want the original agreement, and, also the folio for the property”. I wonder will we ever see this particular case back in the court?
Only by getting people into the courts can we expect to see our courts operating with some semblance of credibility.
As always we ask those of you who are familiar with the court processes to come along to help those within our community with less knowledge than ourselves.
Please circulate this alert to your group(s) and publish on as many Facebook/websites as possible.
The Land League.