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Searching Content indexed under Charges, Mortgages, Indemnities by Mason Hayes & Curran ordered by Published Date Descending.
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1
Mortgage To Rent Scheme – An Alternative To Repossessions?
It has been six years since the Mortgage to Rent Scheme was introduced by the Irish Government. We review its progress so far and how recently implemented Government actions ...
Ireland
11 Apr 2018
2
Attention Lenders – Validity Of Cross-Security Arrangement Upheld
In a recent Irish Court of Appeal case, two brothers unsuccessfully sought to rely on the equitable doctrine of consolidation to defeat the validity of a cross-security arrangement with their bank.
Ireland
27 Feb 2018
3
Redacted Transfer Documentation Sufficient To Show Transfer Of Title
Since the High Court judgment in English v Promontoria (Aran) Limited (English case), the question of what level of redaction might be acceptable to prove transfer of ownership of loan ...
Ireland
27 Dec 2017
4
True Sale Or Security Assignment?
The Bank of Ireland v Eteams (International) Limited has recently clarified Ireland's position on the test to determine if a transaction constitutes a true sale of book debts or instead amounts, in substance, to the creation of a mortgage and charge.
Ireland
17 Aug 2017
5
Providing Credit? Mandatory Credit Reporting And Credit Checking Rules Coming
Entities lending to Irish resident consumers or businesses will be required to report information relating to certain loans of €500 or more to the Central Bank of Ireland.
Ireland
15 Nov 2016
6
Landmark UK Court Of Appeal Ruling On Negligent Valuation Case
The UK Court of Appeal recently handed down its decision in Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd, where the question before the Court was whether a lender could recover all its loss from a negligent valuer in connection with a refinance loan or if the lender was limited to the amount lost in topping up the original loan.
UK
23 Sep 2016
7
Cross-Examination Not Appropriate In Interlocutory Applications
The High Court has reiterated that cross-examination will not generally be permitted on an interlocutory application, or where there is no conflict of fact on the affidavits.
Ireland
2 Aug 2016
8
Consumer Mortgage Credit Agreements Regulations
On 21 March 2016, the Minister for Finance signed the European Union Regulations 2016 into Irish law.
Ireland
25 May 2016
9
Insolvency Update: Now You've Bought It, Can You Realise It?
There have been a number of recent challenges to the ability of acquirers of loans to enforce the associated security.
Ireland
18 Apr 2016
10
New Central Bank Housing Loan Regulations And The Requirement For Revaluation By Lenders
The Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Housing Loan Requirements) Regulations 2015, introduced new regulations for lenders of housing loans advanced for the purchase of residential property.
Ireland
3 Nov 2015
11
Financial Regulation Update: Credit Servicing Firms Act 2015
The Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 (the "Act") was signed into law on the 8 July 2015.
Ireland
28 Aug 2015
12
Financial Services Update: Are You Registered As Charge Holder?
This case is of relevance for entities/individuals who have acquired Irish loans/Irish loan portfolios and who wish to rely on statutory enforcement rights rather than contractual enforcement rights...
Ireland
17 Jun 2015
13
Insolvency Update: No ‘Veto' For Banks?
On 13 May 2015, the Government announced that it intends to give the courts the power to overrule the rejection by secured creditors of arrangements under the Personal Insolvency Act 2012 (the "Act").
Ireland
25 May 2015
14
The Companies Acts 2014 – Registration Of Charges And Priority
The Companies Act 2014 was enacted on 23rd December 2014 and will become effective from 1 June 2015.
Ireland
20 Mar 2015
15
Consumer Protection On The Sale Of Loan Books – On Regulation Watch
On 21st July 2014 the Department of Finance opened a five (5) week public consultation process to consider the issue and options available to the Irish Government in context of regulating purchasers of mortgage loans (www.finance.gov.ie/news-centre).
Ireland
8 Aug 2014
16
Supreme Court Sets Aside Judgment Against Co-Borrowers Named On Facility Letter And Rules On Duties Owed By Professional Service Providers
The most surprising feature of this decision is the direction to set aside the judgment against Mr Lynch’s wife, Eileen Lynch, and his children, Judith, Therese, Philipa and Paul.
Ireland
12 Feb 2014
17
Start Mortgages Solved?
Many of you will have seen the media reports last night and today in relation to promised legislative intervention to resolve the issues created by the decision in the Start Mortgages case.
Ireland
12 Dec 2012
18
Irish Takeover Panel - Consultation Review
The Irish Takeover Panel published a consultation paper on 2 February 2012, which proposes a number of changes to the Irish Takeover Act 1997, Takeover Rules, 2007 to 2008 (the "Takeover Rules" or the "Rules").
Ireland
20 Apr 2012
19
Reform Of Irish Company Law
The publication of a draft Company Law Bill will amend a number of core provisions of company law, with important implications for existing companies.
Ireland
18 Jan 2012
20
AIFM Directive Update
The European Securities and Markets Authority ("ESMA") issued its final report to the European Commission regarding the implementation of the Alternative Investment Fund Managers Directive ("AIFMD") on 16 November 2011.
European Union
10 Jan 2012
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