Circuit Court Forms

FORM 54

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT                                                                                                             COUNTY OF

BETWEEN

............ Plaintiff

AND

............ Defendant

AFFIDAVIT IN SUPPORT OF CIVIL BILL FOR *[POSSESSION] * [ORDER AUTHORISING SALE UNDER SECTION 100(3) OF THE LAND AND CONVEYANCING LAW REFORM ACT 2009] *[WELLCHARGING RELIEF]

I, [Insert name of Deponent], .......... [Insert occupation of Deponent], .......... of [Insert address of Deponent] ......... being aged 18 years and upwards MAKE OATH and say as follows:

1. I am *[the (state capacity) of the plaintiff] *[the plaintiff] in the above entitled proceedings. I make this Affidavit from facts within my own knowledge save where otherwise appears and where so appearing I believe the same to be true.

A — Verification of factual matter in Civil Bill

2. I beg to refer to the Civil Bill herein. I say that such of the statements therein as relate to the acts and deeds of the plaintiff are true and correct and such of the statements therein as relate to the acts and deeds of any other person or persons I believe to be true.

B — Details of property

[Set out precise particulars of the property to which the proceedings relate, including any premises on the land, and the full address of the property. In the case of registered land, the county and folio number should be specified. Exhibit any relevant document, including where relevant any document or copy certified by a member of the staff of the Property Registration Authority (e.g. certified copy folio); evidence as to whether or not the property is a family home within the meaning of section 2 of the Family Home Protection Act 1976 or a shared home within the meaning of section 27 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010].

C — Details of occupancy/possession

[Set out particulars of the occupancy of the property to which the proceedings relate, including the names of the known occupants; whether the property is occupied by the defendant borrower and/or other persons as a principal dwelling or otherwise. Where the property is occupied by the borrower or a person(s) other than the borrower on a leasehold or tenancy basis, set out the identity of the tenant(s) where known, whether the tenancy is for commercial purposes or is residential, the terms where known of any tenancy. In the case of a leasehold or tenancy consent by the plaintiff which would have been required by law, specify whether such consent had been given by the plaintiff. Where the applicant has recovered possession of the property, please confirm the circumstances in which possession was obtained (e.g. under order of court or by consent). Exhibit any relevant document.]

D — Details of security

[Set out precise particulars of the security on which the plaintiff relies, including the date on which the security was provided, amount secured and any relevant registration of the security, specifying in particular whether the security is by way of registered charge; mortgage by deed or other unregistered security; security by way of equitable deposit; enforceable agreement to create a mortgage, etc and the nature and extent of the legal or equitable estate or interest of the defendant secured. Where relevant (see B above) specify whether any consent for the purposes of section 3 of the Family Home Protection Act 1976 or section 28 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 had been obtained to the giving of the security. Exhibit any relevant document (e.g. deed of mortgage).]

E — Details of loan agreement or other advance relied upon

[Set out precise particulars of the loan agreement (e.g. facility letter) on which the plaintiff relies, exhibiting same if in writing and not previously exhibited; and if not in writing, set out particulars of the agreement.]

F — Details of arrears or default or other matter on which plaintiff relies as entitling the plaintiff to the relief sought

[Set out precise particulars of arrears alleged to be owed or other default alleged by the defendant, or other matter on which the plaintiff relies as entitling the plaintiff to the relief sought, explaining by reference to any written agreement or otherwise precisely how it is alleged the act or default of the defendant or other matter relied upon entitles the plaintiff to the relief claimed. Set out and if in writing exhibit all relevant communications passing between the plaintiff (and/or its agents) and the defendant (and/or his or her agents) in relation to same, including letters of demand relied upon and up to date statement of mortgage arrears.]

G — Application of regulatory code

[Where the agreement for security on foot of which the proceedings have been commenced, or any loan agreement to which it applies, is or was at the material time or times one to which a code drawn up by the Central Bank of Ireland in accordance with section 117 of the Central Bank Act 1989 applies:

(a) identify the code concerned, and

(b) provide (whether in this affidavit or in a supplemental affidavit) such information as would enable the Court to evaluate the extent to which the plaintiff has, in relation to any relevant provision of the code, been in compliance.]

H — Other relevant information

[Set out all other evidence on which the plaintiff relies in support of its application for relief and all other information relevant to the application and where same is contained in any document, exhibit such document.]

[insert appropriate paragraph number] I accordingly pray for the relief set out in the Civil Bill herein.

SWORN etc.

*delete where inapplicable