Bank told to repay legal fees to Limerick mother

first_imgLimerick Artist ‘Willzee’ releases new Music Video – “A Dream of Peace” Twitter Print PTSB has been told to repay the Limerick mother the legal fees that it charged for taking her to courtPERMANENT TSB Limerick has been ordered to return or credit €2,710 in legal fees it charged a young mother they took to court in a bid to repossess her home.County Registrar Pat Wallace issued the instruction after he was given copies of the woman’s bank accounts detailing the charges that had been made.Sign up for the weekly Limerick Post newsletter Sign Up “And all of this, while I had been paying my mortgage”, the young mother said.In July, Mr Wallace heard the woman explained that in 2013 the bank instigated proceedings against her.“I just want to tell the court that I have been paying my mortgage in full for the last two years but each time this case is brought before the court, the bank apply their legal fees to my arrears. I have been paying it all and then they throw this on top. I just can’t cope with it”, she said.The young mother explained that at the start of 2013, she had an illness and missed four mortgage repayments.“The bank brought me to court but I got back on track and I haven’t missed a payment in more than two years and they still have me here and expect me to pay for their fees.”She borrowed €146,000 to buy her home in 2008.As of last July, she owed €147,000 and €13,000 in arrears.Bank charges that were applied by PTSB included legal fees for the case they were taking against her.They had sought an indefinite adjournment but Mr Wallace asked for a full review of the file.Other account actions by the bank had also been questioned by the young mother prompting Mr Wallace to criticise lenders adding that he had a “serious issue with arbitrary in-house cost being loaded against a borrower’s loan.“It is the court that determines and awards legal costs where applicable”, he said.After reviewing the woman’s statements and documentation from the bank, Mr Wallace said “I have found that €2,710 has been charged to you by the bank in legal fees.“Therefore, when these proceedings are resolved, I want that amount to be credited or returned to this woman,” he instructed the bank’s solicitor.The case was adjourned until next January for review.In another case, Mr Wallace gave a similar instruction again to PTSB over €2,319 they had taken from a Limerick father under similar circumstances. Facebook NewsBank told to repay legal fees to Limerick motherBy Staff Reporter – September 12, 2016 798 WhatsApp Previous articleCompetition winnerNext articleRugby – Weekend Results from Munster Rugby Staff Reporter TAGSlimerickpermanent tsbRepossession court Advertisementcenter_img Limerick Ladies National Football League opener to be streamed live Email WATCH: “Everyone is fighting so hard to get on” – Pat Ryan on competitive camogie squads Predictions on the future of learning discussed at Limerick Lifelong Learning Festival Limerick’s National Camogie League double header to be streamed live RELATED ARTICLESMORE FROM AUTHOR Linkedin Billy Lee names strong Limerick side to take on Wicklow in crucial Division 3 clashlast_img read more

RPPTL Section offers pro bono housing assistance

first_imgRPPTL Section offers pro bono housing assistance RPPTL Section offers pro bono housing assistance Jan Pudlow Associate Editor Construction on a low-income housing development in rural Gadsden County is complete, but there’s a major glitch in getting hooked up to the city sewer system. What to do?Get a lawyer. Quick. In a new partnership between The Florida Bar Real Property, Probate and Trust Law Section and the Florida Housing Coalition, Tallahassee lawyer Bruce Wiener has been drafted to deliver free legal services to work out that snafu so people can live in that much needed low-income housing.“It’s the first case, and Bruce was willing to volunteer,” said Drew O’Malley, chair of the RPPTL Pro Bono Committee and president-elect of The Florida Bar Foundation.He’s hoping to find a lot more lawyers like Wiener who know something about real estate transactions and development procedures and are willing to join in the statewide pro bono effort.The idea, O’Malley said, evolved from a successful program of the Bay Area Legal Services, called Community Counsel, run by Marilyn Kershner.“I wish I could claim credit for it,” said O’Malley, who knows a good thing when he sees it and is working to emulate the program statewide.“We want to match transactional attorneys, real estate and corporate, with qualifying nonprofit organizations that build or renovate affordable low-income housing,” O’Malley said.“The Florida Housing Coalition, an umbrella group of all nonprofit low-income housing providers in Florida, would refer members who don’t have sufficient funds to pay substantial legal fees,” O’Malley said.“And the RPPTL section will solicit and maintain a statewide panel of volunteer attorneys who are prepared to advise the housing coalition referrals on such issues as purchases, sales, financing, construction, zoning, permitting — anything that relates to housing.”Don’t be scared off by the thought of dealing with government funding issues, O’Malley advises. The Florida Housing Coalition has technical assistance advisors to help with that.In most pro bono work, there’s not much call for lawyers who can negotiate and close transactions and loans, O’Malley said. This project will give real estate lawyers an opportunity to participate in important pro bono work.“The law has been very good to me on a professional and personal basis, and it’s my way of giving something back to the profession, and, in particular, to people who can’t afford to retain most of us,” O’Malley said.“There is just a huge need for affordable housing, particularly in Florida. This is an opportunity for people to pay something back and meet a need that is currently going virtually unmet.”At the Florida Housing Coalition, Executive Director Rob Ippolito sees the need for free legal help for its 4,000 members.“A big challenge — whenever you do a housing development, whether it’s rental or single family — is the cash-strapped small, nonprofit developer typically doesn’t have capital to put together a project, for what we call the predevelopment costs,” Ippolito said. “Before you actually start moving the dirt, there is a lot of work: finding the property, title issues. Let’s say they find the perfect piece of property, but need a zoning change. Or issues like needing a holding pond and what that holding pond should look like.”At the root of it all, Ippolito said, is the very real need for affordable housing. Though it is not advisable for people to pay more than 30 percent of their income for either rent or a mortgage, Ippolito said, “a lot of people, particularly lower-income and moderate-income, pay upwards of 50 percent of their gross income.. . We’re hearing more and more about the housing crisis. The median incomes around the country are not increasing at the same rate of appreciation of homes and property. There is a mismatch right now.”As most incomes increase 2.5 to 3 percent per year, Ippolito said, property values are increasing at 8 percent in North Florida, and as high as 12 percent in South Florida.Statistics released September 18 by the National Low Income Housing Coalition revealed the following:• In Florida, an extremely low income household (earning $15,730 — 30 percent of the area median income of $52,434) can afford monthly rent of no more than $393, while the fair market rent for a two-bedroom unit is $727.• A minimum wage earner ($5.15 an hour) can afford monthly rent of no more than $164, while the fair market rent for a one-bedroom unit is $593.• In Florida, a worker earning the minimum wage must work 109 hours a week in order to afford a two-bedroom unit at the area’s fair market rent.• The “Housing Wage” in Florida is $13.98. This is the amount a full-time (40 hours per week) worker must earn per hour in order to afford a two-bedroom unit at the area’s fair market rent. This is 271 percent of the minimum wage. Between 2001 and 2002, the two bedroom housing wage increased by 4.71 percent.“If people are real low-income, they double up and live with two families, or live with cousins. That’s how people keep housing affordable,” Ippolito said.“I was hearing yesterday that in Delray Beach, the city is trying to assist developers with incentives to build homes in the $130,000 to $200,000 range. What I found interesting is what I would consider middle-income housing is now on the radar screen of local government, that housing even for middle-income people is not affordable.”The Florida Housing Coalition welcomes the partnership with the RPPTL pro bono lawyers, Ippolito said.“I’ve talked to a lot of my staff about it who work individually with these nonprofits around the state. We really feel that if the match is made correctly, they really can help these nonprofits get through this predevelopment process. It’s a challenge for a lot of them, and they don’t have the capital a lot of large developers have.”The small developers targeting the lowest income levels, especially, need to keep costs down, he said.“Let’s face it: Development these days is complicated. That’s not necessarily a bad thing. We want to make sure development is done in the right way,” Ippolito said. “There’s a place for attorneys, if we can do it in a way to keep those costs down, to get through the predevelopment process. Ideally, what it gets to is the cost of the housing. The goal is you want the person living in that housing not to pay more than 30 percent of income on rent or housing, so they can pay for child care and the things we take for granted.”If you are an attorney interested in participating in this new RPPTL pro bono project, call Drew O’Malley at (813) 250-0577 or Chris Ryan at (813) 639-9594. October 1, 2002 Associate Editor Regular Newslast_img read more