Lender granted summary possession order after proving valid assignment of mortgage debt

The High Court has allowed an appeal by a lender and substituted plaintiff from the Circuit Court's refusal to grant a summary order for possession of a mortgaged property. The court found that the lender had established the necessary proofs to obtain such an order, namely being the registered owner of the charge and that the right to possession had arisen after prolonged default by the borrowers. Key to the decision was clear documentary evidence demonstrating the valid assignment of the underlying loan and mortgage from the original lender to the current plaintiff, despite technical objections raised about documentation and minor errors in party names. The Circuit Court's order remitting the matter for plenary hearing was set aside, and the summary order for possession will be granted to the lender.