Judge will rule on Offaly councillor's mortgage settlement with bank

A JUDGE will rule in May on the settlement of an Offaly councillor's mortgage dispute with the Bank of Ireland.

Bank of Ireland Mortgage Bank issued proceedings against Clara couple Ken and Sandra Smollen in 2014 because of mortgage arrears.

At last Thursday's sitting of the County Registrar at Tullamore Circuit Court, Finola Martin BL (instructed by Whitney Moore solicitors), for Bank of Ireland, addressed registrar James Seymour by videolink.

Ms Martin said the defendant had appealed a refusal by the Circuit Court to allow him enter into a personal insolvency arrangement but the High Court had recently upheld the Circuit Court order.

Ms Martin applied to have the matter heard by the Circuit Court on May 20 and said it should not take too long because she understood talks were taking place between the parties in relation to a consent order.

Louisa McKeon, solicitor for the defendants, also appearing by videolink, said her instructions and her knowledge was that the matter had been settled.

Ms McKeon said the matter had been taken off the High Court list on the basis that settlement had been reached between the parties and a long-term alternative repayment arrangement had been put in place.

She said the defendants had instructed personal insolvency practitioner Mitchell O'Brien and he had been acting on their behalf with the insolvency department of Bank of Ireland.

She told the registrar that the instructions may not have filtered down through the solicitors to the counsel for the bank.

Ms Martin said her instructions were that there is going to be a consent order for possession as part of an alternative repayment arrangement which the bank is about to issue but that is going to have to be ruled by the judge.

Mr Seymour listed the matter for mention for ruling by the judge in Tullamore Circuit Court on May 20 next.

Kenneth Smollen's Circuit Court appeal under the Personal Insolvency Act is listed as settled on March 14 in the High Court.

Ken Smollen is an independent councillor on Offaly County Council and the Charities Regulator lists him as trustee chairperson of the KS Food Appeal.