Supreme Court Rules 2000

If, before the hearing of an application for possession by a mortgagee, the mortgagor pays to the mortgagee the money secured by the mortgage and due and payable, the application is to be dismissed except as to costs.

On proof of the matters set out in subrule (3), the Court or a judge may order that possession of the property the subject of the application be given to the mortgagee on a date not less than 4 weeks after the hearing of the application as the Court or judge directs if – subrule (1) does not apply; and the mortgagor does not show good cause why the property should not be recovered by the mortgagee.

The matters to be proved are – service of the application, if the mortgagor does not appear; and default in the payment of the money due and payable under the mortgage before the application was filed; and that the money, or part of it, is still due and payable under the mortgage.

The Court or a judge may issue a writ authorising and directing the Sheriff to give possession of the property to the mortgagee unless, before the date referred to in subrule (2), the mortgagor pays to the mortgagee – the money due and payable under the mortgage; and the costs of the proceedings.