ICS Building Society [2014] IEHC 581 (02 May 2014)

ICS Building Society [2014] IEHC 581 (02 May 2014)

The Code of Conduct for Mortgage Lenders did not require ICS to impose a 12-month moratorium on proceedings already lawfully commenced before the property became the defendant's primary residence. ICS was only obliged to maintain contact under provision 50, which it did. The defendant failed to provide full and vouched financial disclosure, undermining the process. There was no basis for the court to exercise discretion to refuse possession, as ICS complied with its obligations and the defendant was not fully co-operative.

Citation
[2014] IEHC 581
Parties
Plaintiff/respondent: ICS Building Society; Defendant/appellant: Paul Lambert
Jurisdiction
Ireland
Judgment Date
02 May 2014
Procedural Posture
Appeal Against Order for Possession (mortgage Arrears) / High Court Appeal From Circuit Court Order Granting Possession
Outcome
Appeal dismissed; order for possession affirmed.
Legal Topics
Code of Conduct for Mortgage Lenders, Mortgage Arrears Resolution Process (marp), Repossession Proceedings, Primary Residence Protection, Lender Borrower Obligations
Banking Law Mortgage Law Consumer Protection Code of Conduct for Mortgage Lenders Mortgage Arrears Resolution Process (marp) Repossession Proceedings Primary Residence Protection Lender Borrower Obligations

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Parties

ICS Building Society

Plaintiff/respondent

Paul Lambert

Defendant/appellant

Procedural Posture

Appeal Against Order for Possession (mortgage Arrears) / High Court Appeal From Circuit Court Order Granting Possession

Legal Issues

  1. 1 Whether the Code of Conduct for Mortgage Lenders applied to the defendant's property and circumstances
  2. 2 Whether ICS complied with the Code's requirements, including MARP and moratorium provisions
  3. 3 Whether the lender made all reasonable efforts to reach an alternative repayment arrangement

Ratio Decidendi

The Code of Conduct for Mortgage Lenders did not require ICS to impose a 12-month moratorium on proceedings already lawfully commenced before the property became the defendant's primary residence. ICS was only obliged to maintain contact under provision 50, which it did. The defendant failed to provide full and vouched financial disclosure, undermining the process. There was no basis for the court to exercise discretion to refuse possession, as ICS complied with its obligations and the defendant was not fully co-operative.

Court Disposition

Appeal dismissed; order for possession affirmed.

Orders

  • Order for possession in favour of ICS Building Society affirmed.