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Leaseholder loses appeal against repossession due to unpaid mortgage arrears
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The High Court granted possession of a property to a financial corporation after the leaseholder defaulted on mortgage repayments. The original decision by the Circuit Court was upheld, confirming the corporation's right to seek possession under statute, following the leaseholder's failure to engage with the lender or avail of alternative options to address the mortgage arrears. The leaseholder's appeal, which contested the transfer of the loan and the validity of the charge, was dismissed as the court found no credible defense against the possession order.
leaseholder, mortgage arrears, financial corporation, High Court, Circuit Court, possession order, Registration of Title Act, 1964, default, loan transfer, charge validity, appeal dismissal, bona fide application, summary proceedings, equitable principles, statutory assignment, notice of assignment, Consumer Protection Code, Central Bank’s Code of Conduct on Mortgage Arrears (CCMA), Mortgage Arrears Resolution Process (MARP), Data Protection Acts, Power of Attorney Act 1996, Supreme Court of Judicature Act 1877, credit service provider, hearsay evidence, discovery, fishing expedition, unfair terms, Directive No. 93/13/EEC, EC (Unfair Terms in Consumer Contracts) Regulations 1995.
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.
