Solicitor Disciplinary Tribunal Decisions

Details for Joseph Traynor

Name

Joseph Traynor

Address

Traynor & Company, Solicitors, 86 Clanbrassil Street, Dundalk, Co Louth

Date of Order

05/07/2010

Decision

In the matter of Joseph Traynor, solicitor, formerly practising as Traynor & Company, Solicitors, 86 Clanbrassil Street, Dundalk, Co Louth, and in the matter of the Solicitors Acts 1954-2008 [5554/DT125/09 and High Court record no 2010 no 58 SA]

Law Society of Ireland (applicant)

Joseph Traynor (respondent solicitor)

On 18 March 2010, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a) Failed to honour an undertaking given to the complainant, dated 17 November 2004, whereby he undertook to do the following:

1) Execute security documents in that, prior to negotiating the loan cheque or the proceeds thereof, he failed to ensure that the borrower had executed a mortgage deed/charge in the lender’s standard form as produced by the lender over the property,

2) Ensure that the mortgage ranked as a first legal mortgage/charge on the property,

3) Register the mortgage in the appropriate registry so as to ensure that the lender/complainant obtained a first legal mortgage/charge on the property and, expeditiously, as soon as practicable thereafter, to lodge the following documents with the lender/complainant:

i) All deeds and documents to the property, stamped and registered as appropriate, including, if applicable, the assignment of the life policy, stamped collateral to the mortgage,

ii) The original mortgage (with certificate of charge endorsed thereon under rule 156 of the Land Registry Rules 1972, if Land Registry title),

iii) If Land Registry title, the land certificate or, if not issued, an up-to-date certified copy folio of the property showing the mortgage registered as a burden thereon,

iv) The complainant’s certificate of title in the Law Society’s standard form.

4) Hold all title documents of the property in trust for the lender/complainant.

b) Failed to adequately or at all respond to the complainant’s correspondence, in particular letters dated 18 July 2008, 6 October 2008 (twice), 22 October 2008, 7 January 2009, 9 January 2009 and 6 February 2009,

c) Failed to adequately respond to the Society’s correspondence, in particular letters dated 23 February 2009, 11 March 2009, 19 March 2009, 1 April 2009 and 3 June 2009 respectively.

The tribunal directed:

a) That the respondent solicitor is not a fit person to be a member of the solicitors’ profession,

b) That the name of the respondent solicitor be struck off the Roll of Solicitors,

c) That the respondent solicitor pay the sum of €45,275.94 to KBC Mortgages Limited,

d) That the respondent solicitor pay the whole of the costs of the Law Society of Ireland, including witness expenses, to be taxed by a taxing master of the High Court in default of agreement.

The tribunal directed that the matter be referred forward to the High Court and, on 5 July 2010, the President of the High Court ordered:

1) That the name of the respondent solicitor be struck from the Roll of Solicitors,

2) That the respondent solicitor pay the sum of €45,275.94 as restitution to KBC Homeloans Limited,

3) That the applicant forward the papers in respect of this application to the Director of Public Prosecutions,

4) That the respondent solicitor surrender his passport forthwith to An Garda Síochána,

5) That the respondent solicitor pay the applicant the costs of the High Court proceedings, together with the costs of the disciplinary tribunal proceedings, to include witness expenses, to be taxed in default of agreement.