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  • Article

    Financial Regulation Update: Credit Servicing Firms Act 2015

    The Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 (the "Act") was signed into law on the 8 July 2015.
    IrelandFinance and Banking
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Possession Orders And The Code Of Conduct On Mortgage Arrears

    In a judgment delivered on 15 May 2015, the Supreme Court has brought some clarity to the interaction between the Code of Conduct on Mortgage Arrears ("the Code")...
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Unfair Terms Regulations: Are Mortgages In Or Out Of Scope?

    Is a mortgage between a lender and a consumer outside the scope of the Unfair Terms in Consumer Contracts Regulations?
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Who Should Sue – A Bare Trustee Or A Beneficial Owner?

    In the recent case of Pepper Finance Corporation (Ireland) DAC v Jenkins & anor, the High Court determined who should initiate enforcement proceedings.
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    After Acquired Property: Chargee's Position

    The question of whether a lender can enforce a fixed charge security in respect of after acquired property has been addressed in the case of Anglo Irish Bank Corporation Limited...
    IrelandReal Estate and Construction
    Dillon Eustace
    Dillon Eustace
  • Article

    Crystallisation Of Floating Charges

    Charge holders should exercise caution before any attempt is made to crystallise a floating charge.
    IrelandInsolvency/Bankruptcy/Re-Structuring
    Reddy Charlton Solicitors
    Reddy Charlton Solicitors
  • Article

    European Central Bank Pecuniary Charges

    The sanctions act as a deterrent to the banking sector to avoid the intentional or negligent breach of EU law or ECB decisions and regulations.
    European UnionFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    High Court Delivers A Blow To Warehousing By Lenders

    On 22 May 2017, the High Court delivered judgment in favour of two homeowners allowing a significant write-down of their mortgage debt and rejecting a proposal by their lender...
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Irish Loan Sales – Proposed New Law To Regulate Loan Owners

    On 21 February 2018, the largest opposition party in Ireland published a bill entitled the Consumer Protection (Regulation of Credit Servicing Firms) (Amendment) Bill 2018 (the "Bill").
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    Lending To A Company Incorporated In Ireland: Filing And Registration Requirements

    When lending to an Irish company under English or US law, specific filing and registration requirements apply to security documents.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    McEnery v Sheahan Judgment Provides Further Comfort To Mortgagees

    Following fast on the heels of the judgment in EBS v Gillespie, the (unapproved) judgment in McEnery v Sheahan provides further comfort in relation to mortgages created under the Conveyancing Act 1881.
    IrelandFinance and Banking
    Matheson
    Matheson
  • Article

    Mortgage Measures: Central Bank Consults On Potential 2022 Changes

    The Central Bank has launched a public consultation (CP146) on its Mortgage Measures.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Mortgage To Rent Scheme – An Alternative To Repossessions?

    It has been six years since the Mortgage to Rent Scheme was introduced by the Irish Government. We review its progress so far and how recently implemented Government actions ...
    IrelandFinance and Banking
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    The Standard Of Proof For Service Of Demand Letters – Ruling In ‘Declan Mcdonald v Thomas Michael Hill’ [2014] IEHC 629 (Judgment Delivered 25 November 2014)

    The central issue in this case is the standard of proof that the Bank must demonstrate to prove that a letter of demand had been sent prior to the appointment of a receiver.
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Does The County Registrar Have Jurisdiction To Dismiss Repossession Proceedings For Want Of Prosecution?

    A recent High Court decision of Ms. Justice Hyland in Permanent TSB plc v Matthew Farrelly [2023] IEHC 255 has clarified the limited jurisdiction of the County Registrar to dismiss repossession proceedings...
    IrelandLitigation, Mediation & Arbitration
    RDJ LLP
    RDJ LLP
  • Article

    Emerging Trends In Complaints To The Financial Services And Pensions Ombudsman - September 2020

    The Financial Services and Pensions Ombudsman ("FSPO") recently published 180 of the 199 legally binding decisions issued by it between January and May 2020 as part of its Digest of Decisions.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Mortgage Company Fails To Prove Charge And Debt Validly Transferred

    Start Mortgages DAC v Ramseyer & Anor [2024] IEHC 329 was an appeal to the High Court against a Circuit Court order for possession under section 62(7)...
    European UnionFinance and Banking
    William Fry LLP
    William Fry LLP
  • Article

    Lending & Secured Finance 2018

    Alternative finance continues to be a developing sphere in the Irish lending market. Alternative lenders are very active; in particular, in the Irish real estate finance space.
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Repossessions Update: Bank Of Ireland -v- Adrian Blanc And Lucille Blanc

    As the tracker mortgage review continues to develop, it is becoming increasingly common for defendants in summary judgment and/or repossession proceedings to allege that the loan
    IrelandFinance and Banking
    RDJ LLP
    RDJ LLP
  • Article

    The Practical Implications For Receivers Arising Out Of Kavanagh v McLaughlin

    In the McLaughlin case a number of issues were considered by the Supreme Court arising out of the appeal by the McLaughlins of the unreported decision of Mr. Justice Bermingham given on the 30th of September 2013.
    IrelandFinance and Banking
    Hogan Dowling McNamara
    Hogan Dowling McNamara

Showing 41–60 of 197 results

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