Irish Independent

Vulture funds swoop with big increase in debt judgments as Irish ‘endgame’ comes into sight

- Shane Phelan LEGAL AFFAIRS EDITOR

VULTURE funds have significan­tly ramped up action against debtors in recent weeks, new data reveals.

Judgments amounting to €32.7m were registered in one eight-day period alone at the end of September by Irishbased affiliates of major funds CarVal, Goldman Sachs and Deutsche Bank.

Market observers believe the flurry of debt enforcemen­t activity is a sign many of the funds are reaching their “endgame” in Ireland and are planning to move on.

Internatio­nally, vulture funds typically operate on a five-year cycle after buying distressed debt portfolios, meaning borrowers do not get an extended period of time to pay back the loans.

According to data compiled by debt analysis experts StubbsGaze­tte, 21 judgments were registered against individual debtors last month by vulture funds, compared to only six in the rest of the year.

Altogether, judgments amounting to €74.4m have been registered by the main vulture funds operating in Ireland this year – more than five times the amount registered in all of 2017.

The registerin­g of a judgment allows a fund to take steps to pursue the borrower’s assets to clear or partially clear the debt. This can include getting a judgment mortgage. This is where a creditor registers a charge against a property owned by a debtor.

When the property is sold, the proceeds have to go towards paying off the debt.

StubbsGaze­tte managing director James Treacy said vulture funds generally “get in and out” within five years.

However, this has taken slightly longer in Ireland, in part due to personal insolvency legislatio­n passed after the financial crash.

“What is being seen now is the logical progressio­n of their strategy,” said Mr Treacy. “They are moving to enforcemen­t.”

Mr Treacy told the Irish Independen­t he expects the level of judgments being registered by vulture funds to continue on an upward trajectory in the coming year.

“That is likely to increase over the next 12 months as the vultures get set to leave the Irish market,” he said.

The most prolific vulture fund this year in terms of registered judgments has been CarVal.

Its Irish affiliate, Launceston Property Finance DAC, has registered judgments against 13 people for sums totalling €28.5m.

Promontori­a (Arrow) Ltd, an affiliate of vulture fund Cerberus, registered the single largest judgment against a debtor, for €30.7m, last February.

Ennis Property Finance DAC and Kenmare Property Finance DAC, affiliates of Goldman Sachs, have registered judgments against nine individual­s so far this year, the total value of which was €11.2m.

Judgments totalling €74.4m have been registered this year

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