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Mortgage holder’s right to possession upheld despite defendant’s argument on beneficial ownership
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High Court, on appeal from the Circuit Court, affirms order by way of summary judgment granting possession of a property to a mortgage holder. The defendant, whose mortgage had fallen into arrears, contended that the plaintiff, as the legal but not beneficial owner of the mortgage, lacked standing to enforce the mortgage. The court found that the plaintiff, having legally acquired the mortgage and underlying debt from another financial institution, had the right to seek possession. The court also rejected the defendant's request for a plenary hearing, determining that the issues were legal in nature and suitable for resolution within summary proceedings.
possession order, mortgage arrears, legal owner, beneficial owner, assignment of debt, Supreme Court of Judicature Act (Ireland) 1877, retail credit firm, Central Bank of Ireland, plenary hearing, summary proceedings, legal vs. beneficial ownership, SPV Osus v. HSBC Institutional Trust Services (IRE) Ltd, Kearney v. KBC Bank, Pepper Finance v. Jenkins, Start v. Kavanagh, locus standi, champerty and maintenance, securitisation, Legal Services Regulation Act 2015.
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.
