Judgment: 2026-02-13 · Court archive

High Court dismisses Kilbeggan homeowner’s appeals and grants Mars Capital possession

High Court · [2026] IEHC 80

Who, what, where, when and why

Who
  • Edmund Seery
  • Ann Seery
  • Bank of Ireland Mortgage Bank
  • Mars Capital Finance Ireland
  • Mr Justice Conleth Bradley
What

High Court dismisses Kilbeggan homeowner’s appeals and grants Mars Capital possession

Where

Places mentioned in the report

  • Cloneyheigue, Kilbeggan, County Westmeath
  • High Court
When

Judgment:

Other dates in the report
  • 2 October 2023

    Mr Justice Conleth Bradley rejected those arguments. The court found that Bank of Ireland Mortgage Bank transferred its rights under the loan and mortgage to Mars Capital under a deed dated 2 October 2023 and that Mars Capital was subsequently registered as owner of the charge.

  • 25 February 2026

    Both appeals were dismissed. The High Court proposed orders substituting Mars Capital as plaintiff and granting it possession of the Kilbeggan property. The precise terms, including any stay on the possession order and costs, were left for discussion at a further hearing listed for 25 February 2026.

Why

Reasons reported in the judgment

The High Court found that the defendants fell into arrears and the loan was called in during March 2009. A demand for possession followed in April 2009, and possession proceedings began in June 2010.

The High Court has dismissed two appeals by Edmund Seery concerning the family home at Cloneyheigue, Kilbeggan, County Westmeath, and has ruled that Mars Capital Finance Ireland DAC is entitled to possession of the property.

Mr Seery appealed against a Circuit Court possession order made in July 2018 and a separate November 2024 order substituting Mars Capital for Bank of Ireland Mortgage Bank as plaintiff in the proceedings.

The property, comprised in Folio 21560F, is the principal private residence of Mr Seery and his estranged wife, Ann Seery. They borrowed €483,000 from Bank of Ireland Mortgage Bank in 2007 and secured the loan against the property in 2008.

The High Court found that the defendants fell into arrears and the loan was called in during March 2009. A demand for possession followed in April 2009, and possession proceedings began in June 2010.

Mr Seery challenged the proceedings on numerous grounds, including jurisdiction, alleged fraud, purported cancellation of the mortgage agreement, alleged unfair contract terms, conditions precedent, interest-rate issues and the validity of the assignment to Mars Capital.

Mr Justice Conleth Bradley rejected those arguments. The court found that Bank of Ireland Mortgage Bank transferred its rights under the loan and mortgage to Mars Capital under a deed dated 2 October 2023 and that Mars Capital was subsequently registered as owner of the charge.

The judge also rejected the argument that notice of assignment had to be given before the transfer became effective, finding that the relevant statutory notice protects debtors by identifying the party entitled to receive payment.

The court held that none of Mr Seery’s allegations amounted to an arguable defence requiring a full plenary hearing.

Both appeals were dismissed. The High Court proposed orders substituting Mars Capital as plaintiff and granting it possession of the Kilbeggan property. The precise terms, including any stay on the possession order and costs, were left for discussion at a further hearing listed for 25 February 2026.

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