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  • Article

    Attention Lenders – Validity Of Cross-Security Arrangement Upheld

    In a recent Irish Court of Appeal case, two brothers unsuccessfully sought to rely on the equitable doctrine of consolidation to defeat the validity of a cross-security arrangement with their bank.
    IrelandFinance and Banking
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Borrowers Beware: Stark Warning Against "Legal Advice" From Unregulated Bodies

    The High Court has dismissed an appeal against a Circuit Court order for possession on the basis that the defendant's case consisted of "wide-ranging" arguments that relied upon archaic legislation deemed to "make no sense as a matter of Irish law".
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Breaking The Code: Failing To Comply With The Code Of Conduct On Mortgage Arrears

    A recent Supreme Court decision (May 2015) gives clarity to lenders on the impact of failing to comply with the Code of Conduct on Mortgage Arrears when seeking possession of a primary residence.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Central Bank Guide To Voluntary Revocations

    The Central Bank of Ireland has published a Guide to Voluntary Revocations (Guide) dated November 2022.
    IrelandFinance and Banking
    William Fry LLP
    William Fry LLP
  • Article

    ESMA Opinion On European Framework For Loan Originating Funds

    In an opinion published yesterday, ESMA set out its view on a potential European framework for loan origination by investment funds. ESMA believes that a common approach at EU level would contribute to a level playing field for stakeholders, as well as reducing the potential for regulatory arbitrage.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Retail Banking Report: 34 Recommendations Will Now Form Part Of Government Policy

    The Minister for Finance published the Report arising from the year-long Retail Banking Review yesterday, 29 November 2022, following its consideration at Cabinet.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Statutory Loan Transfers – A Missed Opportunity

    There are a number of legal techniques in the Irish loan market for transferring a portfolio of loans and underlying security. These include assignment, novation and transfer under a bespoke statutory process.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    The End Of The Start Mortgages Issue?

    In a move that should be welcomed by mortgage lenders and other interested parties the Minister for Justice, Equality and Defence, Alan Shatter T.D. published the Land and Conveyancing Law Reform Bill 2013.
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    True Sale Or Security Assignment?

    The Bank of Ireland v Eteams (International) Limited has recently clarified Ireland's position on the test to determine if a transaction constitutes a true sale of book debts or instead amounts, in substance, to the creation of a mortgage and charge.
    IrelandFinance and Banking
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Equity Funds, Our New Landlords

    For a long time, the Irish have had a deep-rooted need to own their homes, unlike our neighbours in many parts of Europe.
    IrelandReal Estate and Construction
    Maples Group
    Maples Group
  • Article

    The Companies (Accounting) Act, 2017 – Welcome Clarity On Where Floating Charges, Once Crystallised, Rank In Relation To The Claims Of Preferential Creditors

    The Companies (Accounting) Act, 2017 (the Act) was signed into law by President Michael D. Higgins on 17 May 2017 and came into operation on 9 June 2017.
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    ESMA Publishes Overview Of EU Securitisation Market

    On 21 September 2023, the European Securities and Markets Authority ("ESMA") published an overview of the EU securitisation market (the "Report") as part of its ongoing monitoring and analysis of trends...
    European UnionFinance and Banking
    Matheson
    Matheson
  • Article

    Court Of Appeal Confirms That A Receiver Does Not Require A Court Order For Taking Possession Of A Mortgaged Property

    A recent decision of the Court of Appeal has clarified that receivers, in contrast to mortgagees, are not required to obtain court orders prior to possessing mortgaged properties in Ireland.
    IrelandFinance and Banking
    Maples Group
    Maples Group
  • Article

    The Code Of Conduct On Mortgage Arrears 2013

    The Central Bank of Ireland published the revised Code of Conduct on Mortgage Arrears on 27th June, 2013.
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Catch Me If You Can – Allegations Of Fraud As A Defence In Enforcement Proceedings

    Lenders and loan purchasers may find themselves faced with an allegation by a defendant in repossession and/or enforcement proceedings that they are not entitled to the reliefs sought, in circumstances where the defendant's signature on ...
    IrelandCriminal Law
    RDJ LLP
    RDJ LLP
  • Article

    Consultation Paper On Macro-Prudential Policy For Residential Mortgage Lending

    On 7 October 2014, the Central Bank of Ireland published Consultation Paper 87 (Macro-Prudential Policy for Residential Mortgage Lending).
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Guide To Banking Regulation 2020 In Ireland

    Following the banking crisis (2008–2011), the Irish State went through a process of significant fiscal adjustments and structural changes to the banking sector
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Making Mortgage Switching Easier: Central Bank Publishes New Requirements For Lenders

    The Central Bank has announced the publication of an Addendum to the Consumer Protection Code setting out new requirements for regulated entities that are designed to make mortgage switching...
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Mortgage Arrears: Government-Sponsored Version Of ‘Keeping People In Their Homes Bill' Passed By Oireachtas

    The Land and Conveyancing Law Reform (Amendment) Bill 2019 completed all stages of the Houses of the Oireachtas on 2 July 2019.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Variable Rate Mortgage Holders Given Further Protection

    On 21 July 2016, the Central Bank announced that holders of variable rate mortgages will be granted further protections from 1 February 2017.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox

Showing 81–100 of 197 results

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