The High Court has dismissed an appeal by John and Anne Wilson against an order granting KBC Bank Ireland plc possession of their home in County Cavan. It affirmed the Circuit Court order, but stayed execution for 12 weeks from perfection of the High Court order because the property was the couple’s primary residence and the judgment was delivered in December.
The possession order was made by the Circuit Court on 14 February 2019. KBC sought possession under a mortgage and charge over the property, folio 16901F, commonly known as Blenacup, Cavan Post Office. The bank alleged that the couple had defaulted on an initial €165,000 loan drawn down in September 2002 and two later advances made in 2007.
The couple appealed, arguing that the case should be sent for a full hearing. Their submissions questioned whether the loans had transferred to KBC Bank Ireland, raised the first defendant’s lack of recollection of signing the mortgage, pointed to an error in the lender’s name on the mortgage, and questioned whether IIB Homeloans had held a banking licence when the loans and charge were made.
The High Court found on the balance of probabilities that the original loan and two top-up loans had transferred to KBC Bank Ireland. It relied, among other evidence, on the bank’s correspondence and the couple’s sporadic repayments to it after the 2009 transfer, continuing until July 2015. The judge also noted that no other entity had sought repayment or enforcement of the charge.
The court found no substance in the other grounds. The couple had not denied the signatures on the mortgage, which were witnessed by their solicitor. The judge treated the extra “2” in the lender’s name as a clear typographical error, given the lender’s address and surrounding documents. On licensing, the court said the couple had not proved either that IIB Homeloans lacked a licence at the relevant time or that a licence was required for the lending and security in question.
The judge concluded that the couple had raised no arguable defence to the possession application. The High Court dismissed the appeal and affirmed the Circuit Court order. It ordered that KBC Bank Ireland was entitled to recover possession, subject to the 12-week stay running from perfection of the High Court order.