Appeal against possession order for family home is dismissed

The High Court in Dublin has dismissed an appeal brought by a County Sligo man seeking to overturn a possession order relating to his family home. Keith McNair had appealed a 2016 Circuit Court decision, made in favour of Start Mortgages DAC, concerning his property at Lisheen, Loughaneeteen, Calry. Mr McNair raised several grounds of appeal, including alleged breaches of the Family Home Protection Act 1976 and non-compliance with the Code of Conduct for Mortgage Arrears. He also argued the 2007 mortgage agreement was unlawful due to Start's authorisation status and claimed violations of EU consumer protection directives. Mr Justice Garrett Simons dismissed all grounds, finding Start was entitled to possession as the registered charge holder. The judge noted Mr McNair had not disputed significant arrears exceeding €470,000, with no repayments made since July 2011. A six-month stay on execution was imposed, with permission granted to apply for extension should pandemic conditions persist.