Bank of Scotland v Herron (Gerard Thomas) [2017] NICh 15 (30 May 2017)

Bank of Scotland v Herron (Gerard Thomas) [2017] NICh 15 (30 May 2017)

The plaintiff bank has standing to bring the claim as rights under the mortgage deed were legally transferred by statute; Mr Herron is in default of the mortgage agreement, and the errors in affidavits are immaterial. The mortgage is valid and enforceable, and the bank is entitled to an order for possession.

Citation
[2017] NICh 15
Parties
Plaintiff/respondent: Bank of Scotland; Defendant/appellant: Gerard Thomas Herron
Jurisdiction
Northern Ireland
Judgment Date
30 May 2017
Procedural Posture
Appeal Against Order for Possession / Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Mortgage Possession, Standing of Mortgagee, Securitisation, Land Registration, EU Consumer Protection, Procedural Fairness
Property Law Banking Law Mortgage Law Mortgage Possession Standing of Mortgagee Securitisation Land Registration EU Consumer Protection +1 more

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Parties

Bank of Scotland

Plaintiff/respondent

Gerard Thomas Herron

Defendant/appellant

Procedural Posture

Appeal Against Order for Possession / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff bank has standing to bring the claim for possession
  2. 2 Whether the mortgage deed is valid and enforceable
  3. 3 Whether procedural irregularities or misrepresentations invalidate the possession order

Ratio Decidendi

The plaintiff bank has standing to bring the claim as rights under the mortgage deed were legally transferred by statute; Mr Herron is in default of the mortgage agreement, and the errors in affidavits are immaterial. The mortgage is valid and enforceable, and the bank is entitled to an order for possession.

Court Disposition

Appeal dismissed

Orders

  • Order for possession in favour of the bank
  • No order as to costs; bank entitled to add costs to mortgage debt