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= Start Mortgages v Gunn =

Start Mortgages v Gunn [2012] IEHC 275, is an Irish case of fundamental importance to property law and mortgage law; in particular to cases of repossessions of properties in which the mortgagee has gone into arrears.

Problem
Section 62(7) of the Registration of Title Act 1964 allowed for a remedy of repossession for a mortgagee to whom payments had fallen due. When payments had fallen due, the mortgagee was expected to apply to the court and upon the court agreeing and the issuing of a court order, was allowed to take possession of the land in question. In 2009, the Oireachtas had passed the Land and Conveyancing Law Reform Act 2009, which revoked the previous Registration of Title Act 1964 and replaced it with provisions of its own relating to repossession.

In 2008 the Great Recession began across the globe, and in Ireland many people began to default upon their commitments to their creditors. Creditors then began to institute proceedings against those who were defaulting, and among them were the couple Robert and Maura Gunn, who were unable to make repayments on their mortgage of €210,000.

Their creditors, Start Mortgages moved to repossess the property and the Gunns, in reply, argued that their power to do so was now extinguished due to the repeal of the Registration of Title Act 1964.

Judgment
Dunne J of the High Court agreed with the defendant, stating that the repeal of the Registration of Title Act 1964 had created a 'lacuna' in the law, which now meant that property could not be repossessed. This effectively meant that any mortgage created before 2009 was now unenforceable, and created a moratorium upon repossessions.

Remedy
The Oireachtas later passed the Land and Conveyancing Law Reform Act 2013 in a successful attempt to cure this 'lacuna' and the bill ended the moratorium upon repossessions.