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High Court, on appeal from the Circuit Court, affirms an order of possession granted summarily to a bank, on the grounds, inter alia, that: (a) the bank had established that it had obtained an entitlement to the mortgage from the original lender; (b) that the failure of the borrowers to remember executing the charge was irrelevant where their signatures had been witnessed by their own solicitor; and (c) the question of whether the original lender had a banking licence at the relevant time was a matter for the borrowers to prove and establish the relevance of.
Claim for possession - appeal from Circuit Court - mortgage - default on loan - history of loan - demand for possession - compliance with consumer protection code - effort to agree alternative arrangement - failure to accept offer of alternative repayment arrangement - Mortgage Arrears Resolution Process - whether matter to be remitted to plenary hearing - transfer of business from original lender - lack of recollection by borrowers of having executed the charge - whether parties correctly named on deed - whether lender had a banking licence at the relevant time.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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