Mortgage Enforcement Litigation Update - August 2016

Summary of Developments

This Mortgage Enforcement Litigation Update covers some of the more relevant Case Law and Legislative updates and a summary of some of the proposed developments of the legislature and government since April 2016. The key areas are summarised below and we are more than happy to advise or discuss in greater detail any of these issues which are of particular interest or concern to you or your organisation.

The highlights include;

  • The Court of Appeal finally settled the position as regards the Jurisdiction of the Circuit Court as regards the Rateable Valuation of residential properties.
  • The Court of Appeal decide the issue of the enforcement of Judgment Mortgages in respect of a family home.
  • The substitution of Plaintiff in proceedings involving the acquirer of loan portfolios and the positive and negative outcomes for loan acquirers in separate actions.
  • The introduction of new regulations relating to lending activities to small and medium sized enterprises.
  • The publication of the Addendum to the Consumer Protection Codes of 2012 relating to Variable Mortgages.
  • A summary of the relevant programme for government initiatives.

Click here to download the full Mortgage Enforcement Litigation Update.

For further information on any of the updates discussed, or for general advice in relation to matters relevant to your business, contact Declan Murphy Head of Corporate & Commercial Litigation, Richard O’Sullivan, Head of Debt Collection & Insolvency, Claire Colfer, Associate or your usual contact in OSM Partners.