Official form guide
Form 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 a formal notice filed with the Courts Service of Ireland. It applies when someone needs permission from the court to take possession of abandoned property. This specifically relates to Section 98(1) of the Land And Conveyancing Law Reform Act 2009.
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Form Overview
Courts Service of Ireland - Form 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 a formal notice filed with the Courts Service of Ireland. It applies when someone needs permission from the court to take possession of abandoned property. This specifically relates to Section 98(1) of the Land And Conveyancing Law Reform Act 2009.
Risk Radar
Scan points- 1Do not forget to reference Section 98(1) of the Land And Conveyancing Law Reform Act 2009 on the application itself.
- 2Failing to clearly identify the property subject to the mortgage
- 3Not attaching supporting evidence of abandonment
- 4Incorrectly referencing Section 98(1) of the Act
- 5Submitting the form without a proper signature/date
Plain English
If you are a mortgagee (a lender holding security over land), this notice tells the court you want to claim back property that has been left behind or abandoned. You use it when standard procedures aren't enough to allow you to take control of the asset.
Submission Date
- Filing date: The exact deadline depends on when abandonment was established. File this notice as soon as practical after confirming the property is abandoned.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- You are a mortgagee (the lender holding the charge on the property).
- The property in question is considered abandoned.
- You need permission from the court to legally take possession of this abandoned property.
- This form addresses the requirements set out under Section 98(1) of the Act.
Form selector
Use this form or another form?
Need general possession order (not specifically abandoned)?
This form is specific to abandonment under S.98(1).
✓ Check if your case fits the 'abandoned' criteria.
The property isn't yet formally deemed 'abandoned'?
You must establish abandonment before using this application.
✓ Confirm documentation proving abandonment status.
Perhaps a preliminary notice or declaration form
Applying for sale authorization instead of possession?
This form targets taking physical control, not just selling the asset.
✓ Verify if 'possession' is your primary goal or sale.
Mortgagee Sale Order Form (or similar)
The property is abandoned, but you are a tenant/owner, not the mortgagee?
The role of the applicant matters for correct filing.
✓ Confirm your legal standing to apply.
Another application form under LCR Act 2009
Deadline or filing window
The exact deadline depends on when abandonment was established. File this notice as soon as practical after confirming the property is abandoned.
Before you submit
- 1Ensure all sections of Form 93A.7 are completed in full.
- 2Attach proof that you are the registered mortgagee (e.g., mortgage deed copy).
- 3Clearly identify the property address and land registry details.
- 4State clearly *why* the property is considered abandoned (briefly explain).
- 5Ensure all signatures meet the required legal standards for your role.
- 6Verify that the court jurisdiction aligns with where the property is located in Ireland.
How to file this form
- 1Complete Form 93A.7 thoroughly, filling in all relevant fields.
- 2Gather supporting documents proving abandonment and your mortgagee status.
- 3Submit the completed form and attachments to the appropriate Courts Service of Ireland office.
- 4Pay any required filing fee (check current rates for COURTS).
- 5Keep a copy of the filed form stamped by the court, if possible.
Known limitations
- 1This form does not guarantee the court will grant the order; it only applies for permission.
- 2The specific court required (e.g., District Court vs. Circuit Court) is not confirmed in official source.
- 3It relates specifically to abandonment under Section 98(1), so other circumstances require different forms.
- 4Not confirmed in official source: Specific filing fee amounts for the current year.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->This is a formal notice filed with the Courts Service of Ireland. It specifically relates to Section 98(1) of the Land And Conveyancing Law Reform Act 2009.
What changed or needs a fresh check
- Check if the date listed on the form matches the current date.
- Verify that references to the Land And Conveyancing Law Reform Act 2009 are intact.
- Confirm the specific reference to Section 98(1) is present and correct.
- Review any changes regarding required supporting documentation noted by COURTS recently.
Quick Facts
Form Details
- Revision date
- 02/11/25
Downloads & source
Sources
- SRCForm Name: Notice Of Application For Order Authorising Mortgagee To Take Possession Of Abandoned Property
- SRCIssuing Agency: Courts Service of Ireland (COURTS)
- SRCAct Reference: Land And Conveyancing Law Reform Act 2009
- SRCSection Reference: Section 98(1)
- SRCNot confirmed in official source: Specific procedural rules for service/notification.
- SRCNot confirmed in official source: Required court jurisdiction details.
Common confusion points
Confusing 'abandoned' with 'vacant'; abandonment implies intent/desertion, not just emptiness.
Mistaking this for a simple notice of default; this is an *application* for permission.
Not clearly stating the legal basis—it must reference Section 98(1) LCR Act 2009.
Failing to establish that you are the *mortgagee* and not just someone with a beneficial interest.
Source transparency
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