Start Mortgages DAC v Clarke & Anor (Approved) [2024] IEHC 310 (21 May 2024)

Plaintiff is the registered owner of the charge, default has occurred, all procedural and statutory requirements have been met, defendants have not advanced any credible defence, and possession is warranted under s.62(7) Registration of Title Act 1964 and s.1 Land and Conveyancing Law Reform Act 2013.

Citation: [2024] IEHC 310
Parties: Plaintiff/respondent: Start Mortgages Designated Activity Company; Defendant/appellant: Ronan Clarke; Defendant/appellant: Irene Clarke
Jurisdiction: Ireland
Judgment Date: 21 May 2024
Procedural Posture: Appeal From Circuit Court Possession Order / De Novo Hearing Before High Court
Outcome: Appeal dismissed; possession order affirmed.
Legal Topics: Summary Possession Proceedings, Mortgage Default, Registered Charge, Company Conversion, Code of Conduct on Mortgage Arrears, Burden of Proof, Defence Requirements

Property Law Mortgage Law Civil Procedure Summary Possession Proceedings Mortgage Default Registered Charge Company Conversion Code of Conduct on Mortgage Arrears +2 more

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Parties

Start Mortgages Designated Activity Company

Plaintiff/respondent

Ronan Clarke

Defendant/appellant

Irene Clarke

Defendant/appellant

Procedural Posture

Appeal From Circuit Court Possession Order / De Novo Hearing Before High Court

Legal Issues

1 Is the plaintiff the registered owner of the charge?
2 Are the relevant monies secured on the property?
3 Has default occurred resulting in the monies becoming due?

Ratio Decidendi

Court Disposition

Appeal dismissed; possession order affirmed.

Orders

Defendants to deliver up possession of property to plaintiff.
No plenary hearing required.