Start Mortgages DAC v Ramseyer & Anor (Approved) [2024] IEHC 329 (06 June 2024)

Start Mortgages DAC has not established the necessary proofs for an order for possession due to imprecise folio entries and incomplete evidence of debt transmission; credible grounds for defence based on undue influence exist; matter must be remitted to plenary hearing.

Source-derived case information.

Citation: [2024] IEHC 329
Parties: Plaintiff: Start Mortgages DAC; Defendant: Bruno Ramseyer; Defendant: Nuala Ramseyer
Jurisdiction: Ireland
Judgment Date: 06 June 2024
Procedural Posture: Circuit Appeal / Appeal From Circuit Court, Adjourned to Plenary Hearing
Outcome: Appeal adjourned to plenary hearing; no summary determination.
Legal Topics: Order for Possession, Registered Charges, Undue Influence, Summary Versus Plenary Hearing, Transmission of Debt

Property Law Mortgage Law Civil Procedure Order for Possession Registered Charges Undue Influence Summary Versus Plenary Hearing Transmission of Debt

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

Start Mortgages DAC

Plaintiff

Bruno Ramseyer

Defendant

Nuala Ramseyer

Defendant

Procedural Posture

Circuit Appeal / Appeal From Circuit Court, Adjourned to Plenary Hearing

Legal Issues

1 Whether Start Mortgages DAC is the registered owner of the charges
2 Whether the principal money secured by the charges has become due and owing
3 Whether the debt was validly transmitted to Start Mortgages DAC

Ratio Decidendi

Court Disposition

Appeal adjourned to plenary hearing; no summary determination.

Orders

Matter remitted to plenary hearing before High Court
Parties to attempt to agree timetable for exchange of pleadings and discovery

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