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Mortgage default leads to possession order for lender over investment property
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High Court dismisses an appeal by the defendant against an order for possession granted to the plaintiff by the Circuit Court, affirming the lower court's decision, on the grounds that, despite the defendant's claim that the property later became his principal residence, the original loan agreement's terms remained binding; and the bank was also entitled to demand principal and interest repayments after the initial interest-only period.
Mortgage default - order for possession - principal private residence - investment property - interest-only loan - principal and interest repayments - event of default - mortgage security - Code of Conduct on Mortgage Arrears (CCMA) - Mortgage Arrears Resolution Process (MARP) - summary judgment - Circuit Court - High Court - appeal - loan transfer - affidavit - statement of account - deed of transfer - deed of conveyance and assignment - stamp duty exemption.
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