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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2206
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I bought a house at auction. The house was a bank sale. Just

Customer Question

I bought a house at auction. The house was a bank sale. Just before the auction they announced that they had been put on notice for the property by the former owners, but they proceeded with the auction. We won the auction, and the contract closed. There are no lis pendens and we have a clean tite on the property, which is our family home. We told after the contract closed that proceedings had been served against the bank. We are not named in any proceedings. Is our home at risk?
Submitted: 1 month ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 1 month ago.

Potentially yes, if you are on notice of proceedings and you buy any there is a possible risk. Did your solicitor review that title and are they satisfied that the title was in order??

Customer: replied 1 month ago.
the title was in order and is clean, with no lis pendens registered against it. The proceedings were served against the bank, not us, just before we closed, but the bank did not tell us they had been served until after it closed. We just want to know if our home is at risk- is the the legislation about the family home any protection to us? What are our rights?
Expert:  Ronan replied 1 month ago.

The bank then made a false declaration in relation to litigation pending or threatened and they will be liable for any potential loss that might be incurred. Family home Proection Act isn't relevant to your situation. I can't comment further on it without sight of proceedings save to say that it is most likely that the bank will deal directly with the Plaintiff on the writ and you and your home will be kept out of it

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