93A.8 Order Authorising Mortgagee To Take Possession Of Abandoned Property - Land And Conveyancing Law Reform Act 2009, Section 98(2)
This form is an Order Authorising Mortgagee To Take Possession Of Abandoned Property. It relates specifically to Section 98(2) of the Land And Conveyancing Law Reform Act 2009. You use this when a lender (mortgagee) needs official permission to take control of property that has been left behind by the borrower.
Need help? AI Editor guides you through every field of 93A.8 Order Authorising Mortgagee To Take Possession Of Abandoned Property - Land And Conveyancing Law Reform Act 2009, Section 98(2).
Start filling →Form Overview
93A.8 Order Authorising Mortgagee To Take Possession Of Abandoned Property - Land And Conveyancing Law Reform Act 2009, Section 98(2)
This form is an Order Authorising Mortgagee To Take Possession Of Abandoned Property. It relates specifically to Section 98(2) of the Land And Conveyancing Law Reform Act 2009. You use this when a lender (mortgagee) needs official permission to take control of property that has been left behind by the borrower.
Risk Radar
- Ensure you explicitly reference Section 98(2) of the Land And Conveyancing Law Reform Act 2009 on the form.
- Failing to prove proper 'abandonment' status.
- Incorrectly identifying the mortgagor or mortgagee parties.
- Omitting details of the original mortgage agreement.
- Submitting the form without a clear request for possession in the body.
Plain English
Essentially, this is the paperwork you need from the Courts Service. It gives legal permission for someone who holds a mortgage on a piece of land to step in and take possession because the owner seems to have abandoned it. Think of it as the official green light to seize the property.
Submission Date
- There is no fixed universal deadline, but submission should happen as soon as abandonment is established to avoid disputes over possession rights. The court will then set any specific timelines in its Order.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • You are a lender (the mortgagee) and need official court permission.
- • The property owner (borrower) has left the land or property abandoned.
- • This order specifically covers situations under Section 98(2) of the Land And Conveyancing Law Reform Act 2009.
- • Use this when you cannot simply take possession based on standard mortgage rules.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Mortgagee wants to sell abandoned property | Standard Possession Order (if not S.98(2)) | Check if the specific Act section applies first | Ensure the reason for taking possession matches. |
| Borrower is still alive but unable to manage property | Other Court Order Form | If the abandonment isn't absolute, a different order might suffice | Verify the 'abandonment' criteria met in this form. |
| Property is vacant but not officially deemed abandoned by court | CRO/Land Registry Notice | Use this if you need notification before taking possession | Check if the formal 'Order' or just a notice is required. |
Deadline or filing window
There is no fixed universal deadline, but submission should happen as soon as abandonment is established to avoid disputes over possession rights. The court will then set any specific timelines in its Order.
Before you submit
- • All required sections of Form 93A.8 are fully completed.
- • The name and address of the mortgagee (lender) are correct.
- • Full details of the property/land being taken possession of are provided.
- • Evidence supporting the claim of 'abandonment' is attached (if required by court rules).
- • The relevant Court jurisdiction where the order must be granted is specified.
How to file this form
- 1Complete all fields on Form 93A.8 accurately.
- 2Attach supporting documentation proving abandonment and mortgage status.
- 3Submit the form to the appropriate Courts Service office or online portal.
- 4Pay any required filing fee (check local court rates).
- 5Keep a copy of the submitted form for your records.
Known limitations
- • This form only grants permission; it does not execute possession itself.
- • It is tied specifically to Section 98(2) and may not cover all types of abandonment under the Act.
- • The specific court receiving the order dictates final acceptance criteria (Not confirmed in official source).
- • A successful submission does not guarantee the judge will grant the Order.
Almost done reviewing?
✦ Open in AI EditorCurrent Form Status
This is a specific Order from the Courts Service. It relates directly to Section 98(2) of the Land And Conveyancing Law Reform Act 2009. The form remains active for use in property matters.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check for updates related to Land And Conveyancing Law Reform Act 2009 amendments.
- • Verify the specific court template version number listed on the form itself.
- • Confirm if any new fields have been added regarding digital submission requirements.
- • Ensure the reference to Section 98(2) is current and accurate.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Circuit Court Forms
- Source
- Court Forms ↗
- Revision Date
- 02/11/25
Downloads
93A.8 Order Authorising Mortgagee To Take Possession Of Abandoned Property - Land And Conveyancing Law Reform Act 2009, Section 98(2)
AI-powered guidance for every field
✦ Open in AI EditorFree to start · No account required
After you file
- • Track the filing reference number provided upon submission.
- • Monitor the Courts Service portal or contact the relevant Court registry for status updates.
- • If granted, use the official Order document to proceed with taking physical possession.
- • File a copy of the *granted* order with the Land Registry/CRO.
Related Forms
- ›Form 101.1 – Notice Of Appeal To The Circuit Court (Civil Proceedings)
- ›Form 101.2 – Notice Of Appeal To The Circuit Court (Criminal Proceedings)
- ›Form 2A – Ordinary Civil Bill
- ›Form 2B – Equity Civil Bill
- ›Form 2C – Ejectment Civil Bill (Non-payment of rent)
Source and verification log
- • Issuing Agency: Courts Service of Ireland (COURTS)
- • Form Number: 93A.8
- • Governing Legislation: Land And Conveyancing Law Reform Act 2009
- • Specific Section Reference: Section 98(2)
- • Not confirmed in official source: Date of last major revision.
Common confusion points
4 things to watch for
- 1
Confusing 'abandoned' with simply 'vacant'; abandonment implies intent or legal status.
- 2
Not knowing which court handles the specific land jurisdiction where the property sits.
- 3
Assuming a standard mortgage notice is enough without securing the formal Court Order 93A.8.
- 4
Failing to clearly link the request back to Section 98(2) of the Act.
Related Guides & Resources
Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)
Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
View →Irish Form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant) - Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant)
Irish COURTS form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant): This is an oath sworn by a single administrator appointed to continue administering an estate when a previous executor or administrator has died or ceased to act (de bonis non), including a bond to guarantee proper administration..
View →Irish Form Oath of Administrators with Will Annexed including Bond for Single Applicant - Oath of Administrators with Will Annexed including Bond for Single Applicant
Irish COURTS form Oath of Administrators with Will Annexed including Bond for Single Applicant: This is an oath sworn by a single administrator appointed under a will (where no executor is acting), including a bond to guarantee proper administration of the estate..
View →Irish Form Probate Office Order Form - Probate Office Order Form
Irish COURTS form Probate Office Order Form: This is a form used to request certified copies of probate documents from the Probate Office.
View →Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.