Category Archives: Something to think about …

Police Powers Trespass & Squatting

Dear Police Constables,
We implore you to read this post and ensure that you comprehend the contents in its entirety.
Anyone who is entering back into their property to defend it from unlawful possession has a full and complete defence if you were to investigate the matter IN ADVANCE!
Do not just follow orders to evict trespassers on someone’s say so.
Make accurate inquiries as to whether the people have re-entered THEIR home to defend it first and check the details at the Land Registry.
Where mortgage repossessions are concerned, Police Constables are being psychologically reframed to regard evictee’s as squatters or trespassers, whom they can remove using police powers.
This power therefore can not be used if by investigation, IN ADVANCE, you can prove there was no loan by the bank or the building society.If they cannot prove they suffered a loss then they never made a loan … SIMPLE!
This power would then be an abuse of power if it doesn’t go hand in hand with a prior investigation to comply with your IMPARTIALITY.
Therefore any claim made in court would therefore be VOID AB INITIO and a Fraud upon the Court.
What you are doing is removing the lawful right of the owner by extreme force and against their will to defend their property which you as a Police Constable have no right to do before carrying out that investigation.
By removing and displacing real People you remove their base their home their life and you are doing it under orders with ZERO investigation as to the facts and evidence in the case in which you could obtain yourself if you remembered your oath of Office as a Constable.
Just doing your job has no defence in this country.
It could be seen as Misfeasance in Public Office for not carrying out your duties as a Public Servant as per YOUR Oath. This will open you personally to a civil claim if you do not do your job properly and have a dereliction of duty.
If you get asked to attend an incident like this, make inquiries as to whether the bank lent any money and ask to see where the loss of the purported “Mortgage Loan” occurred by insisting on seeing all the entries in the Bankers Books as per this legislation http://www.legislation.gov.uk/ukpga/Vict/42-43/11/contents Bankers’ Books Evidence Act 1879.
Elements of the offence – points to prove
6.
Subsection (1) of section 144 sets out the elements of the offence. The offence is committed when:
  • a person is in a residential building as a trespasser having entered it as such;
  • the person knows or ought to know that they are a trespasser; AND
  • the person is living in the building or intends to live there for any period.

 

You see if the real owner re-enters they know they are not a trespasser and the Full Accounting will prove their case. If you remove them first without investigating the facts of the case presented to you, you will become liable.

OFFENCE OF SQUATTING IN A RESIDENTIAL BUILDING
Introduction
1.
Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 creates a new offence of squatting in a residential building, which will apply throughout England and Wales. The offence is set out in full in
Annex A

Legal Aid, Sentencing and Punishment of Offenders Act 2012

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For every Action an Equal and Opposite Transaction

Accounting ledgers are great.

They show how books balance.

This is what double entry book keeping is all about.

So where did the “Mortgage” funds come from?

For a “Loan” to take place there must be a draw down in one account to transfer to another.

Also any “Deposit” will increase a ledger.

So please, to all you highly qualified ACCA and CIMA accountants out there with a “Mortgage”…

get your calculators and spreadsheets out and show us the money!!!

When you get to grips with what is really going on you will confirm that YOU are the originating creditor.

 

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Would you do this?

Would you fill in an application form for a loan …

and then give a bank your money only for them to give it back and call it a loan?

Oh and then they charge you interest on your money?

Oh and pledge the house that you thought that you just bought?

No, you wouldn’t would you, or we would like to think that 11.2 million people in the country wouldn’t either.

Would you believe it for one moment that this in all likelihood is happening every time a “Loan” is carried out?

There may well be some tiny differences to this in practice but this is what is really happening.

Quite simply…Why would you borrow your own Money?

This would be classed as Mutual Intent. You never intended to borrow your own Money.

Stayed tuned for more info like this.

 

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Deed Vs Contract Argument or S1 vs S2

The legal profession are at their wits end to obfuscate the Law of Property (Miscellaneous Provisions) Act 1989.

http://www.legislation.gov.uk/ukpga/1989/34/contents LPA MP 1989

Its obvious why to the percentage who make their money out of house possessions.

It becomes a little more interesting when you realise that most people in the legal profession are likely to have a “Mortgage” themselves and do not deal with conveyancing.

Why then do they not join in if they could save themselves and their families and the rest of the 11.2 million people in the country a lifetime of debt called a Mortgage or Death Pledge.

Most of the arguments from court transcripts suggest that all mortgages are done by deed and that only Section 1 of LPA MP1989 applies.

They neglect to read the full sentence of the act, ie they all only read this bit …

2 Contracts for sale etc. of land to be made by signed writing.

when in fact it clearly says this,

“A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each.”

They have made it a Deed vs Contract argument when in fact clearly both can and should apply.

It would be incumbent on all conveyancing solicitors to actually read this bit and get the entity who is to provide the alleged loan to comply with signing the deed.

If you do not then you are you are not giving best advice to the client who is entering into this debt obligation. You should get the entity who is to provide the alleged “loan” to sign their part first before presentment to the prospective “Mortgagor”.

So next time you do not provide best advice please be warned in advance you will be setting yourself up for all sorts of claims.

Its even more incredulous that with so much information widely available from reputable sources that solicitors and accountants cannot grasp this amazingly easy to comprehend fraud that is being perpetrated against the people of this country.

Please see this links for further info Something for Nothing and  Creation of Money

You have been told and the information is out there!

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THE Deed equals THE Document

The Law of Property (Miscellaneous Provisions) Act 1989 clearly sets out some rules that need to be adhered to by professionals when it comes to “Dispositions” of property.

http://www.legislation.gov.uk/ukpga/1989/34/contents

The elephant in the room is that the legal profession clearly think that a deed as part of the “Disposition” called a “Mortgage” does not need two signatures ie from both parties.

This may well be the case in all other circumstances but Section 2 clearly states:

S2(1) A contract for the sale or other disposition

and

s2(3)The document incorporating the terms or, where contracts are exchanged, one of the documents incorporating them (but not necessarily the same one) must be signed by or on behalf of each party to the contract. (see below 1)

The “Disposition” known as a “Mortgage” clearly comes under these sections.

Therefore THE DOCUMENT containing THE DISPOSITION (ie Mortgage) is called what exactly?

You see the fact is that there are TWO DISPOSITIONS going on.

One Sale and Purchase Agreement and one Mortgage Agreement. Both are done by deed.

Again, from LPAMP1989 s2(2)

“The terms may be incorporated in a document either by being set out in it or by reference to some other document.”

All the information (elements) leading up to THE Mortgage (DISPOSITION) are where exactly?

Which ACTUAL DOCUMENT is being referred to?

There is only one that contains all this info and it is this document that is referred to at a possession hearing and is the one used at/for the Land Registry. This now being called a “Charge”

By the process of elimination therefore,

“THE DEED EQUALS THE DOCUMENT”

Also,

All DEEDS are Documents but not all Documents are DEED’S

(1) A deed is a speciality contract.

“Halsbury’s Laws of England/CONTRACT (VOLUME 9(1) (REISSUE))/1. INTRODUCTION/(3)
CLASSIFICATIONS/616. Contracts made by deed.
616. Contracts made by deed.
At common law, contracts by deed (specialties) were made under seal 1 , though not all deeds amounted to
specialties 2 . The separate promises made in such a contract are frequently termed covenants 3 .”

A discussion on this point will be available on the

VOIDMORTGAGE KNOWLEDGEBASE here at www.gerbilstuff.com/knowledgebase link asap

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