Start Mortgages DAC v Ryan & Anor (Approved) [2021] IEHC 719 (18 November 2021)

Start Mortgages DAC v Ryan & Anor (Approved) [2021] IEHC 719 (18 November 2021)

The appellant, as registered owner of the charge, established entitlement to possession under s.62(7) of the 1964 Act. Securitization did not affect legal title or the right to possession. The respondents failed to establish any credible defence in law or fact. The appeal was allowed and an order for possession granted, with a six-month stay.

Citation
[2021] IEHC 719
Parties
Plaintiff/appellant: Start Mortgages Designated Activity Company; Defendant/respondent: Thomas Ryan; Defendant/respondent: Eileen Ryan
Jurisdiction
Ireland
Judgment Date
18 November 2021
Procedural Posture
Appeal (possession Proceedings) / High Court Appeal From Circuit Court Order Transferring Possession Claim to Plenary Hearing
Outcome
Appeal allowed; order for possession granted to appellant; six-month stay on order; costs to appellant subject to further submissions.
Legal Topics
Mortgage Possession, Securitization, Summary Judgment, Consumer Protection, Family Home Protection, Costs
Property Law Banking Law Civil Procedure Mortgage Possession Securitization Summary Judgment Consumer Protection Family Home Protection +1 more

Case Brief

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Parties

Start Mortgages Designated Activity Company

Plaintiff/appellant

Thomas Ryan

Defendant/respondent

Eileen Ryan

Defendant/respondent

Procedural Posture

Appeal (possession Proceedings) / High Court Appeal From Circuit Court Order Transferring Possession Claim to Plenary Hearing

Legal Issues

  1. 1 Whether the appellant is entitled to summary possession of the respondents' family home under s.62(7) of the Registration of Title Act 1964
  2. 2 Whether securitization of the mortgage affects the appellant's entitlement to possession
  3. 3 Whether the respondents have established a credible defence to the possession claim

Ratio Decidendi

The appellant, as registered owner of the charge, established entitlement to possession under s.62(7) of the 1964 Act. Securitization did not affect legal title or the right to possession. The respondents failed to establish any credible defence in law or fact. The appeal was allowed and an order for possession granted, with a six-month stay.

Court Disposition

Appeal allowed; order for possession granted to appellant; six-month stay on order; costs to appellant subject to further submissions.

Orders

  • Order for possession of the premises pursuant to s.62(7) of the Registration of Title Act 1964
  • Stay of six months on the order for possession