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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 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

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.

This form captures details about the property and declares the application for an Order. It confirms why the mortgagee needs permission to take possession of the abandoned item.

Risk Radar

  • Do not forget to reference Section 98(1) of the Land And Conveyancing Law Reform Act 2009 on the application itself.
  • Failing to clearly identify the property subject to the mortgage
  • Not attaching supporting evidence of abandonment
  • Incorrectly referencing Section 98(1) of the Act
  • Submitting 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

  • 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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Glossary Terms

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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.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Need general possession order (not specifically abandoned)?Other Possession Order FormThis 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'?Perhaps a preliminary notice or declaration formYou must establish abandonment before using this application.Confirm documentation proving abandonment status.
Applying for sale authorization instead of possession?Mortgagee Sale Order Form (or similar)This form targets taking physical control, not just selling the asset.Verify if 'possession' is your primary goal or sale.
The property is abandoned, but you are a tenant/owner, not the mortgagee?Another application form under LCR Act 2009The role of the applicant matters for correct filing.Confirm your legal standing to apply.

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

  • Ensure all sections of Form 93A.7 are completed in full.
  • Attach proof that you are the registered mortgagee (e.g., mortgage deed copy).
  • Clearly identify the property address and land registry details.
  • State clearly *why* the property is considered abandoned (briefly explain).
  • Ensure all signatures meet the required legal standards for your role.
  • Verify that the court jurisdiction aligns with where the property is located in Ireland.

How to file this form

  1. 1Complete Form 93A.7 thoroughly, filling in all relevant fields.
  2. 2Gather supporting documents proving abandonment and your mortgagee status.
  3. 3Submit the completed form and attachments to the appropriate Courts Service of Ireland office.
  4. 4Pay any required filing fee (check current rates for COURTS).
  5. 5Keep a copy of the filed form stamped by the court, if possible.

Known limitations

  • This form does not guarantee the court will grant the order; it only applies for permission.
  • The specific court required (e.g., District Court vs. Circuit Court) is not confirmed in official source.
  • It relates specifically to abandonment under Section 98(1), so other circumstances require different forms.
  • Not confirmed in official source: Specific filing fee amounts for the current year.

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Current Form Status

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.

Agency: Courts Service of Ireland

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

The primary person submitting this form is the Mortgagee, meaning the entity that holds the mortgage security over the land.
This form captures details about the property and declares the application for an Order. It confirms why the mortgagee needs permission to take possession of the abandoned item.
You submit this when the property has been officially deemed abandoned, triggering the need for a court order under Section 98(1).
Submission is typically made to the appropriate local or central Courts Service office. Check if your specific county requires an online filing via their portal.
Submitting this correctly ensures the court grants the necessary Order allowing you to legally take possession. Errors can delay your claim and complicate future legal action.
First, ensure all property details match official records. Next, clearly state why the property is abandoned in the designated sections. Finally, sign and date the form before sending it to the Courts Service.

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

  • Track your file number provided by the Courts Service of Ireland.
  • Monitor the relevant court docket or online portal for updates.
  • Be prepared to provide further evidence if the judge requests it.
  • Note the date the application was officially lodged.

Source and verification log

  • Form Name: Notice Of Application For Order Authorising Mortgagee To Take Possession Of Abandoned Property
  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Act Reference: Land And Conveyancing Law Reform Act 2009
  • Section Reference: Section 98(1)
  • Not confirmed in official source: Specific procedural rules for service/notification.
  • Not confirmed in official source: Required court jurisdiction details.

Common confusion points

4 things to watch for

  • 1

    Confusing 'abandoned' with 'vacant'; abandonment implies intent/desertion, not just emptiness.

  • 2

    Mistaking this for a simple notice of default; this is an *application* for permission.

  • 3

    Not clearly stating the legal basis—it must reference Section 98(1) LCR Act 2009.

  • 4

    Failing to establish that you are the *mortgagee* and not just someone with a beneficial interest.

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