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93A.7 Notice Of Application For Order Authorising Mortgagee To Take Possession Of Abandoned Property - Land And Conveyancing Law Reform Act 2009, Section 98(1)

This form is used by mortgage lenders to apply for a court order allowing them to take possession of abandoned property under Section 98(1) of the Land And Conveyancing Law Reform Act 2009. It should be filed when a property has been abandoned by the borrower and the lender wishes to take possession.

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Form Overview

93A.7 Notice Of Application For Order Authorising Mortgagee To Take Possession Of Abandoned Property - Land And Conveyancing Law Reform Act 2009, Section 98(1)

This form is used by mortgage lenders to apply for a court order allowing them to take possession of abandoned property under Section 98(1) of the Land And Conveyancing Law Reform Act 2009. It should be filed when a property has been abandoned by the borrower and the lender wishes to take possession.

This form captures information about the property, the mortgage, the abandonment situation, and requests authorization from the court for the lender to take possession.

Risk Radar

  • Not providing sufficient evidence that the property has been abandoned.
  • Incomplete property information
  • Insufficient evidence of abandonment
  • Missing mortgage details
  • Incorrect court location

Plain English

If you're a mortgage lender whose borrower has left a property and you want to take possession of it, you'll need this form. The Courts Service needs to know about the abandonment and give you permission before you can take over the property.

Submission Date

  • There is no specified deadline for filing this form, but it should be submitted promptly after confirming abandonment and before taking possession of the property.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • When the borrower has abandoned the property
  • When you need court permission to take possession
  • When following the process under Section 98(1) of the Land And Conveyancing Law Reform Act
  • When the property is in Ireland and subject to Irish property law
  • When you are the mortgage holder or authorized representative

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Property repossessed without abandonmentStandard repossession formsDifferent legal process requiredConfirm abandonment status before proceeding
Commercial property abandonedDifferent commercial property formDifferent legal requirementsCheck if property is commercial or residential
Multiple parties on mortgageAdditional consent formsAll mortgagees must be involvedVerify all parties on mortgage
Property has tenantsTenant protection formsDifferent legal process for tenanted propertyConfirm if property is tenanted

Deadline or filing window

There is no specified deadline for filing this form, but it should be submitted promptly after confirming abandonment and before taking possession of the property.

Before you submit

  • Verify property details are complete and accurate
  • Confirm mortgage information matches records
  • Gather evidence of property abandonment
  • Check if all required supporting documents are included
  • Confirm correct court location for submission
  • Verify correct fee payment method
  • Ensure form is properly signed and dated

How to file this form

  1. 1Complete all sections of the form with accurate information
  2. 2Gather evidence of property abandonment
  3. 3Prepare any required supporting documents
  4. 4Submit the completed form to the appropriate court office
  5. 5Pay any required fees
  6. 6Wait for court decision
  7. 7Follow up if you don't receive acknowledgment within a reasonable timeframe

Known limitations

  • This form only applies to abandoned property situations
  • It doesn't apply to standard repossession cases without abandonment
  • The court may require additional information not covered in this form
  • This process doesn't bypass other legal requirements for property repossession
  • The form may not be suitable for complex property situations

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Current Form Status

This form is current as of the Land And Conveyancing Law Reform Act 2009 but may be subject to updates; verify the latest version with the Courts Service.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form number is 93A.7
  • Check that it references the Land And Conveyancing Law Reform Act 2009
  • Confirm it aligns with current court procedures
  • Ensure it matches the latest guidance from Courts Service
  • Check if any recent amendments to the Act affect this form

Quick Facts

Mortgage lenders or their legal representatives need to file this form when seeking court permission to take possession of abandoned property.
This form captures information about the property, the mortgage, the abandonment situation, and requests authorization from the court for the lender to take possession.
This form should be submitted after confirming the property has been abandoned and before taking any steps to take possession of the property.
The form should be submitted to the relevant court office of the Courts Service of Ireland, either in person or by post.
Submitting correctly ensures the court has all necessary information to make a proper decision and prevents potential legal challenges to the possession order.
Fill in all property details accurately, including address and description. Provide mortgage information and evidence of abandonment. Submit to the appropriate court office with any required fee.

Form Details

Agency
Courts Service of Ireland
Revision Date
02/11/25

93A.7 Notice Of Application For Order Authorising Mortgagee To Take Possession Of Abandoned Property - Land And Conveyancing Law Reform Act 2009, Section 98(1)

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After you file

  • Keep a copy of the submitted form for your records
  • Monitor for court communications
  • Prepare for potential court hearing
  • Do not take possession until receiving court authorization
  • Document all communications related to the abandonment
  • Consider notifying other interested parties

Source and verification log

  • Form number: 93A.7
  • Issuing agency: Courts Service of Ireland
  • Legal basis: Land And Conveyancing Law Reform Act 2009, Section 98(1)
  • Purpose: Authorizing mortgagee to take possession of abandoned property
  • Not confirmed in official source: Specific submission deadlines
  • Not confirmed in official source: Required fee amount
  • Not confirmed in official source: Exact court location for submission
  • Not confirmed in official source: Processing timeframe

Common confusion points

7 things to watch for

  • 1

    Confusing this with standard repossession forms

  • 2

    Unclear what constitutes 'abandoned' property

  • 3

    Not understanding the difference between taking possession and selling the property

  • 4

    Uncertainty about which court has jurisdiction

  • 5

    Confusion about required evidence of abandonment

  • 6

    Not knowing if all mortgagees need to be involved

  • 7

    Unclear about timeline for court decision

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