A High Court judge wants the Court of Appeal to decide legal issues "of considerable public importance", which could affect hundreds of repossession cases.
The issues have been raised in a case involving a claim for repossession of a family home in Clonsilla in Dublin.
A fund called Tanager Designated Activity Company has appealed the Circuit Court's refusal to grant it a possession order for the home.
Bank of Scotland transferred a charge on the property to Tanager without registering itself as the owner of the charge.
Mr Justice Seamus Noonan said the issues could potentially directly affect hundreds of cases and he would like them to be determined by the Court of Appeal before he decides on Tanager's appeal.
He said the core point was whether Bank of Scotland, as the unregistered owner of a charge registered by Bank of Scotland Ireland on Rolf Kane's home in Elwood, Clonsilla, was entitled to transfer that charge to Tanager without becoming registered first.
Other issues include whether the Property Registration Authority was subsequently entitled to register Tanager as the owner of the charge, whether Mr Kane can challenge that registration and the consequences of any successful challenge by him.
The High Court cannot refer legal issues to be determined by the Court of Appeal unless asked to do so by a party to a case and Mr Justice Noonan invited the parties to apply for such a referral.
He adjourned the case until next month.
Tanager alleged Mr Kane had fallen into arrears on mortgage repayments and began repossession proceedings in 2015.
Mr Kane argued that because Bank of Scotland never became registered as owner of the charge, it could not transfer it to the fund and Tanager was not entitled to enforce it against him.
The Circuit Court refused a possession order and Tanager has appealed to the High Court.
