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"Banking update 2018: Prosecuting and defending mortgage proceedings"
Date, Time and Venue

Date: Wednesday 12th December 2018

Time: 9:15am - 5:00pm

Venue: Gresham Hotel, Dublin

Price: €295

About this Seminar

After a relatively quiet 2017, this year has seen another increase in mortgage litigation. And it is set to continue into next year and beyond. The reason? Banks have sold thousands of mortgages to so-called "vulture funds" who are only now starting to take borrowers to court. This should not surprise anyone - the media and various interest groups have been warning about it for years. To some extent, the Government has drawn the battle lines by introducing new legislation to help home owners. The aim of this annual mortgage update is to ensure practitioners, whether acting for banks, borrowers (or their tenants) or vulture funds, are aware of the latest rules to best advise clients in mortgage arrears situations. That includes new legislation, case law,  codes of practice and rules of court, with an emphasis on practical considerations. As always, the seminar includes highly detailed notes in this fast-evolving and increasingly demanding area of law. While the seminar includes some background for those unfamiliar with this area of law, it is primarily an update intended to provide the latest information which is not yet available in books or journals.

Who should attend?
  • 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.


Topics Covered

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

  • Latest legislation affecting mortgages
  • Latest case law 2016-2018
  • Significance of the Thompson decision
  • The new Keeping People in their Homes Bill 2017
  • The new Mortgage Arrears Resolution Bill 2017
  • The new "Fair Mortgages" Bill 2018
  • Unfair terms in loan and mortgage contracts
  • Common defences in mortgage proceedings
  • Possession proceedings
  • Judgment Mortgages
  • Making complaints to the Financial Services Ombudsman
  • 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?
  • Fraudulent disposition of property
  • And more...

The material for this seminar includes detailed notes.

About the Presenter
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.
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