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Borrowers’ defences rejected in mortgage possession case
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High Court dismisses an appeal against a Circuit Court order granting possession of a property to the plaintiff, a financial institution. The original court had ruled in favor of the plaintiff after the defendants defaulted on a €340,000 loan secured by the property. The High Court affirmed the decision, finding that the plaintiff had established a prima facie case for possession and that the defendants' arguments, including allegations of overcharging and unfair contract terms, did not provide a credible defense against the possession order.
Appeal, possession order, Circuit Court, High Court, mortgage default, financial institution, loan security, prima facie case, overcharging, unfair contract terms, Central Bank Act 1997, Consumer Protection Act 2007, Unfair Terms Directive, summary disposal, Registration of Title Act 1964, credit retail firm, legal title, enforcement of credit agreement, statutory jurisdiction, transparency, set-off, counterclaim.
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.
