Resolution To Problems Arising Out Of Start Mortgages Case

Since July 2011, lenders have lived with great uncertainty as to their statutory rights, particularly their right to obtain possession of a secured property by way of summary proceedings. This uncertainty arose as a result of the 2011 High Court decision in Start Mortgages Limited & Ors v Gunn and Ors[1]  (the " Start Mortgages Case").

The Land and Conveyancing Law Reform Act 2013 (the "Act") was signed into law by the President last week. It rectifies the problems created by the 2011 Start Mortgages Case and provides welcome certainty for lending institutions. As detailed in our earlier update, the Act was introduced to address the unintended consequences of the Land and Conveyancing Law Reform Act 2009.