A Kilkenny old-age pensioner has this week begun a legal battle to prevent her eviction from the home, which she has been residing in for more than 40 years.
74-year-old Eileen Tynan is taking the proceedings against Start Mortgages who are attempting to repossess her home — Rose Villa House, Old Callan Road, Kilkenny.
She is claiming that she has a right to live in the house although her mortgage is in arrears.
In October 2008, Start Mortgages was granted an order for possession of the former local authority house by the High Court, as at this point Ms Tynan's daughter Veronica had let the mortgage fall into arrears. However that order was not acted on after Start Mortgages and his client agreed that she would pay off her arrears and would continue to make payments.
Veronica Tynan bought the former local authority house from her parents after they separated in 1999 and she and her mother continued to live there.
Meanwhile, Veronica became ill in 2004 and another sister took over the mortgage repayments for a short period of time, however, Veronica took out another mortgage on the property with Start Mortgages in 2005.
Eileen Tynan subsequently suffered a heart attack in 2009 and the court heard that her daughter Veronica was forced to leave her job as an events manager at the CityWest Hotel to care for her on a full-time basis.
At this point they let the mortgage fall into arrears again and the court heard that currently there are arrears of almost €50,000 on the mortgage, which is still held with Start Mortgages. The total amount owed to Start today is almost €210,000 but the house was recently valued at just €155,000.
Eileen Tynan's lawyers have taken these proceedings to stop the county registrar from evicting her from her home.
Start has said Ms Tynan has no right to reside in the house, and even if she did at one point have such a right, she signed it away in a deed of confirmation signed when her daughter took out the mortgage.
Previously the court heard that the repossession of the property would leave Eileen Tynan homeless and would also aggrevate her illness.
The case continue before Ms Justice Mary Laffoy.
