Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court, on appeal from Circuit Court, affirms order for possession of mortgaged property, on grounds that: a) the Code of Conduct for Mortgage Arrears did not have the status of legislation, but created an area of discretion as to how a claim for possession should be dealt with; and b) that the borrower was unable to show that the lender had been unreasonable in seeking a solution to his indebtedness and was therefore unable to mount a defence to the claim.
Appeal from order of Circuit Court - order for possession of property - whether Code of Conduct for Mortgage Lenders was applicable to banks dealing with mortgage arrears - Mortgage Arrears Resolution Process - 2006 mortgage - €450K - bought as residential property - two further investment properties bought - arrears commencing in 2008 - 2010 civil bill for possession - breach of undertaking - possession granted in Circuit Court - offer by lender of temporary arrangement - s.117 of the Central Bank Act, 1989 - Code of Conduct (2010 edition) - provisions of code - right to appeal - whether appellant should have been warned of his right to appeal - status of the Code of Conduct - whether non-compliance with the code affected right of lender to secure relief - obligation on lender to make all reasonable efforts to reach solution - obligation on borrower to co-operate.
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.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now