Defendant in mortgage possession proceedings estopped by earlier settlement agreement

The High Court dismissed an appeal by a defendant against an order for possession of his mortgaged property, affirming the Circuit Court's decision in favour of the plaintiff, a financial institution. The court rejected the defendant’s arguments that the proceedings should have been adjourned due to issues with service on another resident, that the transfer of the mortgage was invalid, and that the claim was statute barred. The court held that any irregularity in service did not prejudice the defendant or other residents, and that statutory protections relating to mortgagee sales did not apply to assignments of the loan itself. Most significantly, the court found that the defendant, having entered into a settlement agreement in 2023 acknowledging the debt and making partial payments, was estopped from relying on the Statute of Limitations. Accordingly, the order for possession was affirmed, with a three-month stay on execution.