Why do Mars need a hearing to confirm ownership?

I'm in arrears and going through proceedings to have my home repossessed.

In May 2024, I was part of the group of Start customers transferred to Mars Capital.

On July 25th 2024, Mars registered a charge on my property folio.
It's entry no 9 on the folio, with the wording stating that Mars is the 'owner of the charge registered at entry no 6'.

No 6 is to BOSI, my original lender. This charge has never been cancelled. It has been transferred to Bank of Scotland PLC, Start and now Mars, under a 'cross border merger'.

In November I received a Notice of Motion from AB Wolfe solicitors on behalf of Mars. They've been instructed to apply to substitute Mars for Start in the Circuit Court, at a hearing in March.

My questions are:

• If Mars are not currently the plantiffs in my case, how have they been able to take me to court (twice)?
• How can a 2008 charge from an entity that doesn't exist get transferred into a new charge?
• Why are they relying on this charge to register their own? Should they not submit title deeds into Tailte and go through the usual process?
• Does this mean the title deeds, and the deed of mortgage, are missing?
• How come the 'global deed of transfer' between Start and Mars did not automatically update ownership? (It's being reviewed as part of the hearing)
• Surely the deed of transfer and registered charge establish Mars as owners and plantiffs. Why do they need a hearing to confirm this? What am I missing?

If anyone has any experience with this, I'd be very grateful.

Lords said:

What am I missing

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At the risk of sounding smart - what you are missing is finding a way to deal with the arrears / payments & keep your home.

DannyBoyD said:

At the risk of sounding smart - what you are missing is finding a way to deal with the arrears / payments & keep your home.

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Thanks - I'm in the process of the mortgage to rent scheme but if my deeds are missing I'm worried this would jeopardise the house sale. If you've any experience you can share on this matter I'd be grateful.

IANAL

Deeds can be reconstituted. What does your solicitor say?

Lords said:

I'm in arrears and going through proceedings to have my home repossessed.

In May 2024, I was part of the group of Start customers transferred to Mars Capital.

On July 25th 2024, Mars registered a charge on my property folio.
It's entry no 9 on the folio, with the wording stating that Mars is the 'owner of the charge registered at entry no 6'.

No 6 is to BOSI, my original lender. This charge has never been cancelled. It has been transferred to Bank of Scotland PLC, Start and now Mars, under a 'cross border merger'.

In November I received a Notice of Motion from AB Wolfe solicitors on behalf of Mars. They've been instructed to apply to substitute Mars for Start in the Circuit Court, at a hearing in March.

My questions are:

• If Mars are not currently the plantiffs in my case, how have they been able to take me to court (twice)?
• How can a 2008 charge from an entity that doesn't exist get transferred into a new charge?
• Why are they relying on this charge to register their own? Should they not submit title deeds into Tailte and go through the usual process?
• Does this mean the title deeds, and the deed of mortgage, are missing?
• How come the 'global deed of transfer' between Start and Mars did not automatically update ownership? (It's being reviewed as part of the hearing)
• Surely the deed of transfer and registered charge establish Mars as owners and plantiffs. Why do they need a hearing to confirm this? What am I missing?

If anyone has any experience with this, I'd be very grateful.

Click to expand...

It is just how the Irish system works.

The morgage was taken out then sold. The Interest of that charge is transffered to the new entity. There is no need to start again in the process as it is the same loan. The only time Mars would put in a totaly new charge is it if they bought the loan but the orgininal loan was never registered and it is impossible to register the orgininal charge.

No reason to think the deeds are missing, if there is court proceedings ongoing then the solicitor in question will be holding them.

In relation to to the court proceedings, since Mars are being taken over they need to prove to the court they are allowed to. it involves a hearing, just the way our system works. Same way if you clear the arrears, Mars still need to go to court for a hearing to dismiss the case even though they cant contiue with it.