Tag Archives: LPA MP1989

Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Case Law, Court Staff, Court System, Estate Agents, Legislation, LPA Receiver, Police Constables

Criminal Justice and Courts Act 2015

Dear Constables please wake up to this NOW

 

26Corrupt or other improper exercise of police powers and privileges

(1)A police constable listed in subsection (3) commits an offence if he or she—

(a)exercises the powers and privileges of a constable improperly, and

(b)knows or ought to know that the exercise is improper.

(2)A police constable guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).

(3)The police constables referred to in subsection (1) are—

(a)a constable of a police force in England and Wales;

(b)a special constable for a police area in England and Wales;

(c)a constable or special constable of the British Transport Police Force;

(d)a constable of the Civil Nuclear Constabulary;

(e)a constable of the Ministry of Defence Police;

(f)a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable.

(4)For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—

(a)he or she exercises a power or privilege of a constable for the purpose of achieving—

(i)a benefit for himself or herself, or

(ii)a benefit or a detriment for another person, and

(b)a reasonable person would not expect the power or privilege to be exercised for the purpose of achieving that benefit or detriment.

(5)For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).

(6)The first case is where—

(a)the police constable fails to exercise a power or privilege of a constable,

(b)the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and

(c)a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.

(7)The second case is where—

(a)the police constable threatens to exercise, or not to exercise, a power or privilege of a constable,

(b)the threat is made for the purpose of achieving a benefit or detriment described in subsection (4)(a), and

(c)a reasonable person would not expect a constable to threaten to exercise, or not to exercise, the power or privilege for the purpose of achieving that benefit or detriment.

(8)An offence is committed under this section if the act or omission in question takes place in the United Kingdom or in United Kingdom waters.

(9)In this section—

  • “benefit” and “detriment” mean any benefit or detriment, whether or not in money or other property and whether temporary or permanent;

  • “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.

(10)References in this section to exercising, or not exercising, the powers and privileges of a constable include performing, or not performing, the duties of a constable.

(11)Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.

http://www.legislation.gov.uk/ukpga/2015/2/section/26/enacted

There is nothing in the Oath of a Constable which allows the protection of a Bank/Building Society for using an invalid court document that was obtained by fraud as there was NEVER any money loaned.

Read your Oath of Office today and then carry out an investigation as to the facts and evidence in these matters.

#VOIDMORTGAGE

Something to think about ...

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!

#VOIDMORTGAGE

Something to think about ...

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

#VOIDMORTGAGE