Brendan Burgess
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Today, Justice Noonan gave a decision which affects most Tanager cases in the Tanager vs. Ralf Kane case.
The background
Bank of Scotland Ireland sold their mortgage book to Bank of Scotland plc
Banks of Scotland plc sold the mortgages to Tanager.
In some case, this was all done properly. Banks of Scotland plc put their name on the folio. If Bank of Scotland plc appears on the folio, you are not affected by Justice Noonan's decision, and Tanager is free to seek possession.
In many cases, Bank of Scotland plc was not put on the portfolio.
Ralf Kane has argued that this means that the transfer was not done properly and so therefore they can't seek an order for possession. Tanager has argued that it is not relevant.
As hundreds of repossession cases are affected by this, it is a matter of public importance, so Justice Noonan has referred it to the Court of Appeal. They will make the final and binding decision.
It will take about a year for the Court of Appeal to make a decision.
So if you are affected by this, then Tanager will seek a long adjournment the next time you are due in court.
The background
Bank of Scotland Ireland sold their mortgage book to Bank of Scotland plc
Banks of Scotland plc sold the mortgages to Tanager.
In some case, this was all done properly. Banks of Scotland plc put their name on the folio. If Bank of Scotland plc appears on the folio, you are not affected by Justice Noonan's decision, and Tanager is free to seek possession.
In many cases, Bank of Scotland plc was not put on the portfolio.
Ralf Kane has argued that this means that the transfer was not done properly and so therefore they can't seek an order for possession. Tanager has argued that it is not relevant.
As hundreds of repossession cases are affected by this, it is a matter of public importance, so Justice Noonan has referred it to the Court of Appeal. They will make the final and binding decision.
It will take about a year for the Court of Appeal to make a decision.
So if you are affected by this, then Tanager will seek a long adjournment the next time you are due in court.
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