Mortgage Enforcement Litigation: Review of Key Developments 2017

This briefing 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 throughout 2017. The key areas are summarised below and we are 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 set out in this review include:

  • The Supreme Court settles the issues in the Langan case.
  • The High Court confirms that a contractual power to appoint a receiver is not dependent on continuation of Conveyancing Acts or registration of Bank as owner of charge.
  • The High Court confirms that mortgages executed but not registered against a folio have priority over subsequently registered judgment mortgages.
  • The Court of Appeal sets aside an Order for Possession where service of the proceedings was not in strict accordance with the rules.
  • The High Court confirms that the decision of Permanent TSB plc -v- Langan has no effect on matters the subject of the Land and Conveyancing Law Reform Acts 2013.
  • The High Court refuse to imply a term that a mortgage cannot be transferred to an unregulated third party.
    The High Court rejects the argument that a purported assignment of a mortgage by the mortgagor to a third party under s93 of the Land and Conveyancing Law Reform Act 2009 is a valid assignment.
  • The High Court considers the importance of carrying out assessments of mortgage contracts for unfair terms.
  • The enactment of the Courts Act 2016 conferring jurisdiction on the Circuit Court in respect of properties with a market value not exceeding €3,000,000.00.
  • A summary of the relevant government initiatives.

To read the briefing in full, please click here 

For further information on any of the updates discussed below, or for general advice in relation to matters relevant to your business, contact Declan Murphy, Richard O'Sullivan, Claire Colfer, Andrew Coughan or Raymond Lambe, or your usual contact in OSM Partners.