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Law Reform Commission Recommendations

Dáil Éireann Debate, Tuesday - 16 May 2017

Tuesday, 16 May 2017

Ceisteanna (104)

Róisín Shortall

Ceist:

104. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the reason her Department abolished the right of foreclosure in the Land and Conveyancing Law Reform Act 2009; and if she will make a statement on the matter. [22762/17]

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Freagraí scríofa

The position is that section 96(2) of the Land and Conveyancing Law Reform Act 2009 provides that a mortgagee's right to foreclosure is abolished. This implements the recommendation of the Law Reform Commission in its 2004 Consultation Paper "Reform and Modernisation of Land Law and Conveyancing Law" (paragraph 9.16) that foreclosure be abolished on the ground that it was not an appropriate remedy and had not been granted by Irish courts for over a century.

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