Mortgage repossessions and family homes
Mary Lou McDonald condemned rising mortgage court actions and evictions, attributing them to the 2013 legislation and banks’ refusal to write down unsustainable debt. The Tánaiste acknowledged families’ distress but urged borrowers to engage with lenders and the Money Advice and Budgeting Service, saying negotiated settlements and court assistance could help people remain in their homes. Opposition Deputies demanded legislation, debt write-downs and stronger intervention against the banks.
Across the country, thousands of families are living in fear of losing their homes. These are hard-working families, who bought average family homes and are now being dragged through the courts by their lenders. These are the very same banks that were bailed out by the taxpayer. Last year, 7,100 families had court proceedings lodged against them. Over the past nine months of this year, banks have lodged 4,500 eviction proceedings with the courts. Every month, banks are lodging hundreds of fresh court actions against families in mortgage distress. Hundreds more families are being coerced by the banks into selling their homes rather than facing the horror of court action. Why is this happening? The answer is very simple. In 2013, the Tanaiste's Government passed the Land and Conveyancing Law Reform Act, the intention of which was to make it easier for banks to evict people from their homes
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It has been successful in that endeavour. The figures speak for themselves. Before this Act became law, banks lodged between 50 and 100 court actions every month. After the Act became law, the number exploded to between 500 and 1,000 per month. That is a tenfold increase. The Tánaiste opened the floodgates, then she sat back and, once again, let the banks call the shots. As a result, the number of court-ordered evictions has increased dramatically. There have been 1,088 in the first nine months of this year. That compares with 644 during the same period in 2014 and 240 in the same period in 2013. The pattern is clear. Where is the recovery for the families who face eviction because of the Tánaiste's actions, what will she and her Government do to keep these people in their homes and when will she stand up to the banks and insist that they provide families with sustainable solutions to mortgage distress?
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The Government is acutely conscious of the impact of debt on families across the country and we are determined to see that it is resolved. People have to move forward with their lives and I understand the worry and stress that is involved for people when they have big mortgage debt in respect of their homes. In other cases, people who got married bought a house and may have held on to an apartment or previous home as they were advised at the time by the bank broadly to do that. There are many families who have great difficulties with debt and everybody shares an enormous concern that they and their children should be helped as much as possible.
Our priority remains keeping borrowers in their homes whenever this is possible.
In relation to the report in The Irish Times this morning, the significant point to make is that the article points out clearly that there is a small, but welcome, fall in the actions before the courts. In fact, in terms of the detailed information from the courts, 90 to 100 of the cases before the courts are struck out or rescinded on a monthly basis. They are refused, they are withdrawn or they are struck out.
If Deputy McDonald or anybody else is aware of a family who have these kind of difficulties, or an individual who has these difficulties, the most important advice we can give is that they would engage with their lenders. Where they go to court, the courts deal with the cases in a thoughtful and careful manner. In fact, there has been detailed research carried out by commentators, such as Mr. Seamus Coffey, Mr. Karl Deeter and Mr. Brendan Burgess, who have written a series of important articles over the past period of time setting out in detail what is likely to happen to borrowers who go into the court process. There are other studies and statistics showing this as well. If borrowers engage with their lenders and if it does end up before the courts, the courts are routinely granting significant periods of adjournment in order to give more time for the parties to reach an agreement and where parties are committing to pay within the context of their means, the courts are allowing those arrangements. It is clear from the court cases to date that in a situation of last resort where it is not possible to reach an agreement or, as has been reported in the articles to which I refer, where many borrowers do not show up in court at all, as a consequence, notwithstanding that the courts are delaying those cases and adjourning them, notwithstanding the fact that the courts are offering time and space for the two parties to mediate and reach an agreement, there are still many borrowers who are not engaging at all. That is a point of difficulty. Thankfully, in the figures this morning, notwithstanding that they are far higher than anybody here would want to see, we are now in a situation where, according to the article, "The number of bills lodged fell by 30 per cent". It is traumatic for anybody to end up in court in relation to their family home. It is only when we see that figure down to little or nothing that we will be satisfied. That is what the article and the statistics show, as do the statistics from the Courts Service. As I say, I note the articles written by respected independent commentators at frequent intervals in the media.
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I hope the Tánaiste is not trying to shift the blame and suggest that it is non-engagement by families that is causing this difficulty. I set out clearly for her the consequences of the legislation, the Land and Conveyancing Law Reform Act 2013, that she championed and brought through this House. The figures demonstrate the consequences of those actions.
The Tánaiste is engaging in a dangerous form of wishful thinking if she believes that this problem has been contained or if she believes that it will miraculously disappear. That is not the case. When one talks to those in the field who deal daily with families in mortgage distress, they say that we are merely seeing the beginning of the high point of this crisis. That is the reality.
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The banks I asked the Tánaiste about regard, for instance, voluntary surrender or eviction - the euphemism is "repossession" - as sustainable solutions for families in mortgage distress. In what framework could anybody understand voluntary surrender or eviction to be sustainable solutions for any family? We are faced already with a chronic housing and homelessness crisis right across the State.
The Tánaiste offered in her response simply tea and sympathy for these families - even that was fairly lukewarm. She is not offering solutions. I put it to her, because this is the bottom line for tens of thousands of families across the State, that it is about debt write-down.
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Hear, hear. Mr. Alan Dukes said it the other night on the television.
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It is about writing off large portions of unsustainable mortgage debt.
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If the banks continue blatantly and brazenly to refuse to go down that line, we will see not only thousands more court actions lodged-----
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-----but a tsunami disaster for families across the State and many other families evicted and rendered homeless. Aside from the tea and sympathy, will the Tánaiste tell me when she will put the reins on the banks?
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When will the Tánaiste intervene? When will she ensure that these families have some form of recovery and some form of certainty in the form of a roof over their heads?
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First, to go back to the three independent experts who are writing articles regularly and following the details of what happens in different courts around the country, the title of a recent article was, "Inside the property repossession courts, where only one in five borrowers turn up". If Deputy McDonald is interested in a solution for borrowers that helps them away from the dreadful worry and stress of being in debt, the worst that can happen is that borrowers deny that there is a problem. I am saying only one in five borrowers shows up in the court. What are we doing to help borrowers?
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A Leas-Cheann Comhairle, on a point of order-----
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I am sitting beside the Minister of State in the Department of Social Protection, who - many of the Deputies here will be familiar with this at local level in their constituencies - on 1 October last, with the Money Advice and Budgeting Service funded by my Department, initiated a mentoring system so that anyone who goes to court can have assistance in the court.
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A question which would be reasonable, if Deputy McDonald put it, is could we move that process to an earlier point.
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The big boys and girls get write-downs.
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Could we move that process back without having to go to court at all? The answer is "Yes"-----
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-----if we can get the borrowers who, for a variety of reasons, including enormous worry and stress about debt, will not do so-----
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-----to engage with the lender. One cannot get a settlement for those involved unless one can get both lender and borrower to sit down together and work it out.
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The banks made this mess and the Government's inquiry does not reveal it.
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In working it out, deals are being made between banks and borrowers that are giving people a variety of arrangements-----
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-----which will allow them to hold their family home and which will ease the burden of debt.
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The banks are not offering solutions.
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-----I plead with them either to go to the Money Advice and Budgeting Service, to go to their local banks or whoever loaned them the money and seek to arrive at an agreement where they can have a negotiated settlement of the debt-----
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Agreements with guns to the head.
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-----and they can then stay in their own home.
Keeping people in their homes has been the cornerstone of the Government's policy from day one.
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The Tánaiste should stop before she makes it worse.
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Happily, significant numbers of cases are being settled, and the Courts Service has been extremely caring towards most of the families coming before the courts and is acutely sensitive to the stress and worry families are under.
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What happened to debt write-downs for mortgages?
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Hundreds of thousands of mortgage holders are paying their mortgages, and as we recover and more people return to work, more people are reaching settlements with their lenders.
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Has the Tánaiste read the book Waiting for the Sheriff?