The High Court granted a possession order over unregistered land to the lender, rejecting the defendants' opposition and confirming the lender’s entitlement to possession following years of arrears and defaults under a mortgage loan agreement. The court found that ownership of the mortgage and associated security had legally transferred through several entities over time, and that correct notice of assignment was given at each stage. The defendants did not dispute the factual default or provide a credible defence, instead raising a range of unsubstantiated procedural and substantive objections, including arguments on unfair terms, securitisation, and alleged breaches of consumer or data law, all of which were found to be either unsupported or irrelevant to the entitlement to possession. The court also ruled that prior interlocutory and substitution orders were final and unappealable, and noted the exaggerated delay in the proceedings, with the defendants remaining in the property for over a decade without repayment.
possession order – mortgage default – unregistered land – mortgage loan agreement – arrears – chain of title – legal assignment – securitisation – unfair contract terms – consumer credit – Rules of the Superior Courts (RSC) – jurisdiction – procedural objections – Code of Conduct on Mortgage Arrears (CCMA) – finality of orders – appeal from Circuit Court – costs – stay of execution