The High Court has rejected Declan Egan’s appeal against a Circuit Court order granting Pepper Finance Corporation (Ireland) Designated Activity Company possession of his home in Stillorgan, Co Dublin.
In a judgment delivered on 22 January 2025, Ms Justice Marguerite Bolger affirmed the Circuit Court order made on 4 December 2023. She found that Pepper Finance had established the proofs necessary for an order for possession. The High Court was deciding an appeal; it did not make a new finding about the ownership issues discussed in redacted sections of the judgment.
The property, known as “Auburn” on Old Dublin Road, is unregistered land and Egan’s principal private residence. The judgment says the mortgage was taken out in January 2005 by Egan and his late wife for a €1,244,000 loan over 15 years, and later fell into arrears. Egan did not dispute the arrears set out in an affidavit.
Egan’s main submission was that Pepper Finance could not seek possession because it held legal title to the mortgage while another entity, Erimon Home Loans Ltd, was described in correspondence as its beneficial owner. He argued that Erimon should have brought the proceedings, and also sought to have the matter sent to a plenary hearing and joined with separate proceedings he had issued. He later conceded that Pepper Finance was authorised as a retail credit firm.
Justice Bolger held that the 2018 assignment transferred the mortgage and underlying debt to Pepper Finance absolutely, rather than creating only a charge. The deed identified the property and a loan account number matching the number on the original mortgage offer. The court found that notice of the assignment had been given and that Pepper Finance, as legal owner, could seek possession in its own name. It rejected the request for a plenary hearing, finding the issues raised were principally legal and suitable for summary proceedings.
The judge’s indicative view was that Pepper Finance was entitled to its costs, to be adjudicated if the parties could not agree. Final orders, including costs, were listed for 10am on 4 February 2025. The judgment does not state the result of that later listing.