ArticleFinancial Regulation Update: Credit Servicing Firms Act 2015The Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 (the "Act") was signed into law on the 8 July 2015.IrelandFinance and BankingMason Hayes & Curran LLP
ArticlePossession Orders And The Code Of Conduct On Mortgage ArrearsIn 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 BankingDillon Eustace
ArticleUnfair 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 BankingArthur Cox
ArticleWho 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 & ArbitrationDillon Eustace
ArticleAfter Acquired Property: Chargee's PositionThe 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 ConstructionDillon Eustace
ArticleCrystallisation Of Floating ChargesCharge holders should exercise caution before any attempt is made to crystallise a floating charge.IrelandInsolvency/Bankruptcy/Re-StructuringReddy Charlton Solicitors
ArticleEuropean Central Bank Pecuniary ChargesThe 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 BankingDillon Eustace
ArticleHigh Court Delivers A Blow To Warehousing By LendersOn 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 BankingArthur Cox
ArticleIrish Loan Sales – Proposed New Law To Regulate Loan OwnersOn 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 BankingMaples Group
ArticleLending To A Company Incorporated In Ireland: Filing And Registration RequirementsWhen lending to an Irish company under English or US law, specific filing and registration requirements apply to security documents.IrelandFinance and BankingMaples Group
ArticleMcEnery v Sheahan Judgment Provides Further Comfort To MortgageesFollowing 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 BankingMatheson
ArticleMortgage Measures: Central Bank Consults On Potential 2022 ChangesThe Central Bank has launched a public consultation (CP146) on its Mortgage Measures. IrelandFinance and BankingArthur Cox
ArticleMortgage 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 BankingMason Hayes & Curran LLP
ArticleThe 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 BankingDillon Eustace
ArticleDoes 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 & ArbitrationRDJ LLP
ArticleEmerging Trends In Complaints To The Financial Services And Pensions Ombudsman - September 2020The 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 BankingArthur Cox
ArticleMortgage Company Fails To Prove Charge And Debt Validly TransferredStart 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 BankingWilliam Fry LLP
ArticleLending & Secured Finance 2018Alternative 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 BankingDillon Eustace
ArticleRepossessions Update: Bank Of Ireland -v- Adrian Blanc And Lucille BlancAs 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 loanIrelandFinance and BankingRDJ LLP
ArticleThe Practical Implications For Receivers Arising Out Of Kavanagh v McLaughlinIn 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 BankingHogan Dowling McNamara