Mortgages

The High Court has determined that a party seeking well charging relief pursuant to a judgment mortgage does not need to seek leave to issue execution and that the registration of a judgment mortgage in the name of a party is conclusive of its ownership thereof.  Delivering judgment for the Hig

The High Court has refused injunctive relief to a mortgagor seeking to restrain the completion of the sale of her property by a receiver where she failed to evidence a bona fide attempt to redeem the mortgage prior to sale. Delivering judgment for the High Court, Ms Justice Marguerite Bolger found t

Enhancements should be made to the Abhaile service, the mortgage to rent scheme and personal insolvency solutions to provide further assistance to borrowers experiencing trouble, a report has recommended. According to the report of the Mortgage Arrears Review Group, published today, the number of Ir

The High Court has determined that a woman’s signature was forged on mortgage documents purporting to charge her Wexford holiday home of which she was the sole owner, and that the evidence of her handwriting expert was uncontroverted by the defendants. Delivering judgment for the High Court, M

The High Court has determined that mortgagees cannot rely solely on a memorial in lieu of a mortgage deed in a possession claims concerning mortgages over unregistered land created prior to the commencement of the Land and Conveyancing Law Reform Act 2009. Delivering judgment for the High Court, Mr

The Abhaile scheme providing financial and legal advice to people who are insolvent and in mortgage arrears on their homes has been extended until the end of 2023. Since its establishment in 2016, the Abhaile scheme has supported over 19,300 households at risk of losing their homes. Of those, 80 per

Leeds Building Society has said it will no longer lend to those buying second homes as doing so puts home ownership out of reach of first-time buyers. Leeds, which is one of the UK's 20 largest mortgage lenders, has surprised mortgage experts who said it was unusual for banks to be overtly public ab

Mortgage lenders have too much control over outcomes under resolution processes introduced since the global financial crisis, legal rights group FLAC has said. In the second of a series of four papers, FLAC examines the difficult question of family home mortgage arrears, a problem that continues to

Legislation extending the right to a court review to all borrowers falling into home mortgage arrears due to an unforeseeable loss of income has come into effect. The Personal Insolvency (Amendment) Act 2021, commenced with effect from 25 June 2021, makes a number of urgent changes to the Personal I

The High Court has upheld a complaint against Danske Bank for mis-selling a mortgage to a couple. The bank had appealed a decision of the Financial Services and Pensions Ombudsman who had found that the Bank had not properly informed the complainants of the effect of taking out a new mortgage and fa

Borrowers falling into home mortgage arrears due to an unforeseeable loss of income will gain "vital court protection" under new legislation announced today. Justice Minister Helen McEntee has secured government approval for priority drafting of the "short but urgent" Personal Insolvency (Amendment)

Mortgage approvals fell by nearly ten per cent over the year to March 2020, according to new figures. However, the impact of COVID-19 on the mortgage market won't be clear until the figures for April are released, the Banking & Payments Federation Ireland (BPFI) warned.

A woman who claims that the mortgage on her family home was executed without her knowledge or consent has successfully appealed an order for possession granted to Bank of Ireland Mortgage Bank. Finding that BOI had failed to establish that the woman was indebted to it in circumstances where she made

First-time buyers are continuing to drive mortgage drawdown and approvals activity in Ireland, according to new figures. In the fourth quarter of 2019, there were 12,259 new mortgages worth €2,768 million drawn down, an increase of 1.2 per cent in volume and five per cent in value on the previo

A housing law expert has called on the Central Bank of Ireland to take a more "proactive" approach to enforcing EU protections for mortgage holders. Dr Padraic Kenna, senior lecturer in law at NUI Galway, wrote to The Irish Times after the Central Bank warned lenders not to add legal costs to mortga