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The High Court has upheld the Circuit Court's decision to grant an Order for Possession to a financial institution, following the default on mortgage payments by the homeowner. The appeal against the Circuit Court's order was dismissed, with the High Court finding that the financial institution, as the registered owner of the charge, was entitled to possession of the property. The court rejected the homeowner's arguments that the financial institution only held an equitable mortgage and that the evidence of default was inadmissible. The court also declined the homeowner's request to adjourn the proceedings for an application to rectify the property register, finding no merit in the proposed rectification and no credible defense against the possession order.
Order for Possession, mortgage default, High Court, Circuit Court, Registration of Title Act 1964, Land and Conveyancing Law Reform Act 2013, equitable mortgage, legal mortgage, rectification of register, plenary hearing, summary judgment, Bank of Ireland Mortgage Bank v. Cody, Tanager DAC v. Kane, hearsay evidence, Civil and Criminal Law (Miscellaneous Provisions) Act 2020, Bank of Ireland v. O'Malley, financial institution, homeowner, loan agreement, Deed of Mortgage, registered charge, default, prima facie case, credible defense.
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.
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