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Enforcing a mortgage: the lender’s options
A shop premises in Co. Mayo, a 2019 mortgage and mounting arrears. Two facts decide the answer and most candidates miss both — the premises are commercial, and the mortgage post-dates 1 December 2009.
Independent LawShortcut model answer. Independently authored by LawShortcut for exam preparation. It reproduces no examination question. LawShortcut is independent of, and not affiliated with or endorsed by, any examining or professional body, including the Law Society of Ireland.
What this model answer covers
Sections in the full LawShortcut model answer:
- Reading the question
- Issue 1 — The security, and what the 2009 Act changed
- Issue 2 — Housing loan or not: the pivot
- Issue 3 — Possession
- Issue 4 — Sale
- Issue 5 — Receivership, leasing and foreclosure
- Issue 6 — The personal covenant
- Issue 7 — The CCMA and the MARP: what they require, and why they do not apply
- Issue 8 — Legal and policy developments
- Overall advice
Full model answer
Read the complete LawShortcut model answer — reading the question, the law, application to the facts, where the marks live, the authorities relied on and the reusable structure.
Part of the FE-1 Property Repeat Question Model Answers. Every authority checked against primary sources; nothing cited that has not been verified.
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