Courts / Sligo / Report

Mortgage lender concedes in Supreme Court appeal over repossession order

Date
2023-03-16
Stage
Appeal
Primary locality
Sligo
County
Sligo

Summary

A woman from Sligo has succeeded in her Supreme Court appeal against a mortgage lender's attempt to restore repossession proceedings on her family home. Noreen Stafford challenged a High Court decision that had remitted her case back to the Circuit Court after previously being struck out. Ms Stafford had raised concerns about the validity of mortgage documentation used by Start Mortgages DAC and alleged the lender had wrongfully transferred security from an original parcel of land to her residence without proper authority. The Circuit Court had initially adjourned proceedings when the judge expressed dissatisfaction with the respondent's evidence, but no further affidavit was filed despite adjournments being granted. A three-judge Supreme Court panel agreed to hear the appeal as a matter of general public importance regarding the legal status of Circuit Court orders in such circumstances. Before the full hearing commenced, Start Mortgages conceded the appeal. Ms Stafford was awarded her costs.

Who, what, where, when and why

What: Report matter: Mortgage lender concedes in Supreme Court appeal over repossession order. Procedural stage: appeal

When:

Case subjects

Unnamed respondent

Appellant

Outcome: Start's application for a repossession order against her was adjourned after the Circuit Court judge became dissatisfied with evidence adduced by the respondent and directed that a further sworn statement be filed regarding the circumstances in which the mortgage documentation had been executed.

Places mentioned

Court Venue
  • Supreme Court
  • High Court
  • The Supreme Court
Residence
  • Pearse Road
Secondary Mention

Topics

Stage Appeal

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