Start Mortgages v Wallace (Approved) [2023] IEHC 97 (03 March 2023)

Start Mortgages v Wallace (Approved) [2023] IEHC 97 (03 March 2023)

The respondent is entitled to be substituted as plaintiff and to execute the possession order because the mortgage was intended and validly created over 34 Hartlands Road, Glasheen, Cork, and the alleged mistake in property name does not affect the validity of the mortgage or the possession order.

Citation
[2023] IEHC 97
Parties
Plaintiff/respondent: Start Mortgages Designated Activity Company; Defendant/appellant: Thomas Wallace
Jurisdiction
Ireland
Judgment Date
03 March 2023
Procedural Posture
Circuit Appeal / Judgment on Appeal Against Substitution and Execution Order
Outcome
Defendant's appeal dismissed; Circuit Court orders affirmed.
Legal Topics
Mortgage Possession, Substitution of Parties, Execution of Judgment, Mistake in Property Description
Property Law Civil Procedure Mortgage Possession Substitution of Parties Execution of Judgment Mistake in Property Description

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Parties

Start Mortgages Designated Activity Company

Plaintiff/respondent

Thomas Wallace

Defendant/appellant

Procedural Posture

Circuit Appeal / Judgment on Appeal Against Substitution and Execution Order

Legal Issues

  1. 1 Whether Start Mortgages DAC should be substituted as plaintiff in place of Permanent TSB plc
  2. 2 Whether Start Mortgages DAC is entitled to execute the order for possession
  3. 3 Whether the mortgage and possession order relate to the correct property given alleged mistake in property description

Ratio Decidendi

The respondent is entitled to be substituted as plaintiff and to execute the possession order because the mortgage was intended and validly created over 34 Hartlands Road, Glasheen, Cork, and the alleged mistake in property name does not affect the validity of the mortgage or the possession order.

Court Disposition

Defendant's appeal dismissed; Circuit Court orders affirmed.

Orders

  • Substitute Start Mortgages DAC as plaintiff in proceedings.
  • Grant leave to execute order for possession dated 24th June, 2015, in respect of 34 Hartlands Road, The Lough, Glasheen, Cork.