The High Court has dismissed an appeal by borrowers seeking a plenary hearing and upheld the original Circuit Court's order for possession of a principal private residence. The borrowers contested the plaintiffs' right to possession, questioning the legitimacy of the loan transfers among various entities. However, the court found that the plaintiffs, including the main plaintiff, had provided sufficient evidence of a valid chain of title to the loans, which were secured by the property in question. The court was satisfied that the borrowers were given adequate notice of the loan assignments and that the plaintiffs were entitled to enforce the security due to default events. The court also addressed the issue of hearsay evidence in business records, concluding that the evidence presented was reliable and admissible, even without the assistance of the relevant statute.
possession order, principal private residence, loan ownership, chain of title, Mars Capital Finance DAC, EBS DAC, EBS Mortgage Finance, borrowers' appeal, plenary hearing, default events, mortgage agreement, hearsay evidence, business records, Civil and Criminal Law (Miscellaneous Provisions) Act 2020, admissibility of evidence.