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Plenary hearing ordered on possession claim due to unclear debt ownership and undue influence allegations
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High Court, on appeal from the Circuit Court, refuses summary judgment, and remits a case to plenary hearing after determining that the plaintiff, a mortgage company, has not conclusively proven its ownership of the charges on two properties or the transfer of the underlying debt. Additionally, the court found credible grounds for a defence based on allegations of undue influence by the second named defendant, who claimed to have been coerced into signing loan documents without independent legal advice. The original decision by the Circuit Court to grant possession to the mortgage company has been set aside pending a full trial.
High Court, possession order, plenary hearing, Registration of Title Act 1964, Land and Conveyancing Law Reform Act 2013, Bank of Ireland Mortgage Bank v. Cody, undue influence, affidavit evidence, debt transfer, loan agreement, emotional and physical abuse, independent legal advice, mortgage/charge, commercial borrowing, legal costs, case management.
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