Start Mortgages Designated Activity Company v Wickham (Approved) 2024] IEHC 146 (07 March 2024)

Start Mortgages Designated Activity Company v Wickham (Approved) 2024] IEHC 146 (07 March 2024)

The defendant entered into the loan and mortgage contract on the basis that Wheatfield was not his principal private residence; subsequent change of residence does not alter contractual terms or require application of CCMA/MARP. The loan terms permitted interest only repayments for three years, after which the bank could require principal and interest repayments. Defendant defaulted by ceasing payments since 2012. Assignment of loan and mortgage to plaintiff was valid and properly notified. Plaintiff is entitled to order for possession.

Citation
[2024] IEHC 146
Parties
Plaintiff/respondent: Start Mortgages Designated Activity Company; Defendant/appellant: Martin Wickham
Jurisdiction
Ireland
Judgment Date
07 March 2024
Procedural Posture
Circuit Court Appeal to High Court / Judgment on Appeal
Outcome
Appeal dismissed; Circuit Court order affirmed.
Legal Topics
Mortgage Possession, Principal Private Residence, Code of Conduct on Mortgage Arrears, Interest Only Loans, Assignment of Loan
Property Law Banking Law Contract Law Mortgage Possession Principal Private Residence Code of Conduct on Mortgage Arrears Interest Only Loans Assignment of Loan

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Start Mortgages Designated Activity Company

Plaintiff/respondent

Martin Wickham

Defendant/appellant

Procedural Posture

Circuit Court Appeal to High Court / Judgment on Appeal

Legal Issues

  1. 1 Whether Wheatfield was the defendant's principal private residence at the time of loan
  2. 2 Whether Code of Conduct on Mortgage Arrears and Mortgage Arrears Resolution Process applied
  3. 3 Whether loan terms permitted interest only repayments for full loan duration

Ratio Decidendi

The defendant entered into the loan and mortgage contract on the basis that Wheatfield was not his principal private residence; subsequent change of residence does not alter contractual terms or require application of CCMA/MARP. The loan terms permitted interest only repayments for three years, after which the bank could require principal and interest repayments. Defendant defaulted by ceasing payments since 2012. Assignment of loan and mortgage to plaintiff was valid and properly notified. Plaintiff is entitled to order for possession.

Court Disposition

Appeal dismissed; Circuit Court order affirmed.

Orders

  • Dismiss appeal and affirm Circuit Court order dated 25 January 2023.
  • Lift stay on order for possession.