Date: Thursday 27th April 2017

Time: 9.15am - 5.00pm

Venue: Gresham Hotel, Dublin

Cost: €295

While 2016 saw a decrease in the number of mortgage applications made to the courts, the overall number of such proceedings continues to dominate the court lists, be it the circuit or high court. Borrowers continue to successfully raise defences to the claims of banks seeking possession of their property. For instance, the courts - and indeed the media - have started focusing on whether the terms contained in standard mortgage agreements are fair as between the parties. Specifically, a number of recent high profile cases have been won by borrowers relying on the Unfair Terms in Consumer Contracts Regulations. One of the new features of this year's mortgage update is to focus on those Regulations and how borrowers may be able to rely on them in defending mortgage applications. As well as that, we focus on other developments over the past year in this area of mortgage proceedings.  

The aim of this event is to update practitioners on the latest developments in the area of loan enforcement. Each topic is introduced from first principles, so that practitioners are provided with both a refresher course as well as an invaluable update. Discussion focuses on the best advice to both lenders and borrowers, including both residential and corporate borrowers, in the event of default. We also consider the position of other affected parties, such as guarantors and the tenants of residential properties which are being repossessed. Since the focus is on the latest developments, much of the content is not available in law books! As always, we provide delegates with detailed, up-to-date notes.

• Solicitors and barristers.
• PIPs and AIs
• Insolvency practitioners.
• Accountants.
• Company directors.
• Secured and unsecured creditors.  
• Borrowers and guarantors.
• Debt recovery specialists.
• Anyone with an interest in banking law.

 

Below are some of the key topics discussed in this seminar:

• What are “mortgage proceedings”?
• Obtaining judgment
• Prosecuting and Defending mortgage proceedings
• Summary proceedings for judgment.
• Possession proceedings
• Judgment Mortgages
• Making complaints to the Financial Services Ombudsman
• Receivers: appointment, powers and duties
• Set-offs and liens
• Codes of Conduct affecting mortgages
• MARP: what is it and how do I implement it?
• Guarantees: banks versus guarantors.
• How are mortgages affected by:  bankruptcy, PIAs, DSAs, liquidation, examinership?
• The Land and Conveyancing Law Reform Acts 2009-2013: essential provisions for banks and borrowers
• Recent decisions of the Superior Court, including developments in 2015.

• And more...

The material for this seminar includes detailed notes.

This seminar is presented by Mr Mahmud Samad BL. Mahmud is a practising barrister and expert in company and insolvency law. Click here to view Mahmud's full profile.