The Court of Appeal have held that the High Court was correct in refusing to grant summary judgment against the borrowers, Mr and Mrs Burns. It held that the evidence was not adequate and was inadmissible because it was hearsay evidence, and the usual way around the difficulty was not open to the applicant because … Read more
The Supreme Court has handed down an instructive judgment in a case in which a County Registrar had granted a possession order against the borrowers. The borrowers sought an extension of time from the High Court in respect of the County Registrar’s decision. The High Court refused the extension and the borrowers appealed to the … Read more
Since the property crash in 2007 some hard pressed property owners, who had judgments registered against them, have used various ploys and ruses to block and thwart the holders of judgment mortgages from selling their property against their wishes. A recent High Court case concerned this very issue and it is worth taking a look … Read more
What happens if a judgment mortgage is granted against one owner of a property held as a joint tenancy. How is the other owner affected, if at all? The High Court looked at this question in the case of ADM Mersey PLC v Bergin and Another [2020] IEHC 3, a decision handed down in January, … Read more
A Supreme Court decision of November 2019 provides some hope for anyone facing a summary summons action against them to have a debt judgment awarded. The case is Bank of Ireland Mortgage Bank and Joseph O’Malley and involved a vitally important decision of the Supreme Court as to the level of detail the lender must … Read more