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Order for possession of mortgaged property affirmed despite borrower’s challenge to lender’s title
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The High Court dismissed an appeal by a borrower against a Circuit Court order granting a finance company possession of a residential property due to significant mortgage arrears. The court found that the company had established its entitlement to possession as the legal owner of the mortgage and charge, having demonstrated the existence of the mortgage, default by the borrowers, and that all procedural requirements were met. The borrower's arguments questioning the company's standing and ownership of the charge were rejected, with the evidence showing continuity of ownership despite a change of company name. The court also noted that the co-defendant no longer opposed the application and affirmed the original order for possession.
possession of property – mortgage arrears – order for possession – default on loan – appeal dismissed – Circuit Court order affirmed – ownership of charge – change of company name – proof of title – on notice application – affidavit evidence – residential property – interest rates and arrears – statutory summary procedure – Registration of Title Act 1964 – Land and Conveyancing Law Reform Act 2013
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