IrelandCan my mortgage lender sell my property if I default?
Yes, your mortgage lender in Ireland can sell your property if you default, but only after following strict legal steps — including serving a formal warning notice and obtaining court permission in most cases.
What the Law Says
The Land and Conveyancing Law Reform Act 2009 sets out the legal process a mortgage lender must follow before selling your home due to mortgage arrears. It replaced older, more lender-friendly rules with stronger protections for borrowers.
Under Irish law, a lender cannot simply seize or sell your home the moment you miss a payment. They must first serve you with a formal written warning notice — known as a 'section 97 notice' — giving you at least 28 days to repay the arrears or reach an agreement.
Even after that 28-day period, the lender generally cannot sell the property without first getting permission from the Circuit Court or High Court. The court will consider whether the sale is fair and proportionate, and whether you’ve been given a reasonable chance to resolve the situation.
The law also requires lenders to act fairly and transparently throughout the process — including engaging with you about repayment options and considering your personal circumstances before seeking enforcement.
Statutory TextWhere a lender intends to exercise a power of sale in respect of a dwelling house, the lender shall not do so unless the lender has served on the borrower a notice in writing specifying the amount due and stating that, unless the amount due is paid within 28 days of the service of the notice, the lender may exercise the power of sale.
— Land and Conveyancing Law Reform Act 2009, s. 97 — Notice before exercise of power of sale
What to Do
Check if you’ve received a valid section 97 notice — it must be in writing, state the arrears amount, and give you at least 28 days to respond.
Contact your lender immediately to discuss repayment plans, restructuring, or other support options.
Seek free, independent advice from the Money Advice and Budgeting Service (MABS) or a solicitor.
If court proceedings begin, attend the hearing and present your circumstances — the court may suspend or refuse the sale if it finds it unfair.
Keep records of all communications with your lender and any payments made.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.