High Court grants a mortgage owner's application for possession of two properties, rejecting the defendant's contention that the claim should be dismissed or referred to higher courts. The defendant had not made payments on the secured loan since July 2010, despite acknowledging the loan's benefits and the provision of security over the properties. The court determined that the mortgage owner had established the necessary proofs to obtain the order for possession, as the defendant's loan was in default and the mortgage owner had made a prior demand for repayment. The defendant's various defenses, including alleged breaches of contract and prescribed contraventions, were not sufficient to prevent the order for possession, leading to the decision to adjourn the case to a plenary hearing for further examination of these issues.
Possession - properties - mortgage - secured loan - default - High Court - plenary hearing - Registration of Title Act 1964 - Land and Conveyancing Law Reform Act 2013 - Bank of Ireland v Cody - Tanager DAC v Kane - securitisation - loan sale - Central Bank Act 1997 - Order 38 of the Rules of the Superior Courts - Unfair Contract Terms Directive - European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 - SI 27/1995.