Oireachtas Joint and Select Committees
Wednesday, 13 December 2023
Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach
Credit Servicers Directive: Discussion
Mr. Edmund Honohan:
It depends on what the issue is. The issue of registration is not one also faced by other member states. It is faced in England, all right, but it is not a member state any more so we are not interested in them. The system of market overt sales is judicially supervised. They are judicial sales. If you go on holidays to Italy and open a local paper, there will be a half-page ad with all the properties that are being sold from under the owners. They are all mortgage sales. They are all fully transparent and public. There is a name for who you contact and so on. That is the system that is operated in Europe. Likewise, you might look at some of the case law. I mentioned a case, it was one of the European cases, where I noted the plaintiff was so-and-so SPV. I thought, “There you go, in Europe they do get the true owner to act as a plaintiff.” Why do we not do it here? It is because of chicanery in the use of a faulty interpretation of the Registration of Title Act. I am not sure if I am boring the Deputy to hell now.
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