Official form guide
Form 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.
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Form Overview
Courts Service of Ireland - Form 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
Scan points- 1Ensure you explicitly reference Section 98(2) of the Land And Conveyancing Law Reform Act 2009 on the form.
- 2Failing to prove proper 'abandonment' status.
- 3Incorrectly identifying the mortgagor or mortgagee parties.
- 4Omitting details of the original mortgage agreement.
- 5Submitting 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
- Filing 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.
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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.
Form selector
Use this form or another form?
Mortgagee wants to sell abandoned property
Check if the specific Act section applies first
✓ Ensure the reason for taking possession matches.
Standard Possession Order (if not S.98(2))
Borrower is still alive but unable to manage property
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
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
- 1All required sections of Form 93A.8 are fully completed.
- 2The name and address of the mortgagee (lender) are correct.
- 3Full details of the property/land being taken possession of are provided.
- 4Evidence supporting the claim of 'abandonment' is attached (if required by court rules).
- 5The 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
- 1This form only grants permission; it does not execute possession itself.
- 2It is tied specifically to Section 98(2) and may not cover all types of abandonment under the Act.
- 3The specific court receiving the order dictates final acceptance criteria (Not confirmed in official source).
- 4A successful submission does not guarantee the judge will grant the Order.
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 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.
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
- Revision date
- 02/11/25
Downloads & source
Sources
- SRCIssuing Agency: Courts Service of Ireland (COURTS)
- SRCForm Number: 93A.8
- SRCGoverning Legislation: Land And Conveyancing Law Reform Act 2009
- SRCSpecific Section Reference: Section 98(2)
- SRCNot confirmed in official source: Date of last major revision.
Common confusion points
Confusing 'abandoned' with simply 'vacant'; abandonment implies intent or legal status.
Not knowing which court handles the specific land jurisdiction where the property sits.
Assuming a standard mortgage notice is enough without securing the formal Court Order 93A.8.
Failing to clearly link the request back to Section 98(2) of the Act.
Source transparency
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