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The High Court dismissed the appeals of the first-named defendant against two Circuit Court orders: one granting possession of a mortgaged family home to a finance company, and a second substituting the finance company as plaintiff in place of a bank, following an assignment of the mortgage debt. The court held that the finance company had established its entitlement to possession and substitution by proving its legal ownership of the mortgage and compliance with all necessary legal requirements. Claims by the defendant of fraud, unfair contract terms, procedural unfairness, and a right to cancel the loan were all rejected as unfounded or irrelevant. The proceedings showed persistent mortgage arrears since 2009, no substantive repayments, and no viable defence was raised, so possession of the property was ordered in favour of the finance company.
possession proceedings – substitution of plaintiff – mortgage arrears – appeal from Circuit Court – family home – assignment of mortgage loan – Finance company – loan default – summary judgment – legal right to possession – fraud allegations – consumer contract arguments – procedural fairness – rehearing (de novo) – application to cross-examine – RSC (Rules of the Superior Courts) – Registration of Title Act 1964 – Circuit Court Rules
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