Do you realise that you may have been caught up in the biggest fraud known to the people of this country?
Do you ever act as an agent in a “Repossession”?
Do you sell “Repossessed” properties?
Do you ever check the real title?
Do your branches give “Mortgage Advice”?
Do you in fact have a “Mortgage” yourselves?
Answer yes to any of the above and you will find more info here about why you may assisting fraud and thefT.
Knowledgebase base required
#VOIDMORTGAGE
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
There are a few things going on in a conveyance.
An alleged loan and a sale and purchase agreement.
The sale and purchase agreement must be done by a deed. (see LPA1925 link to be confirmed)
What about the alleged loan?
What is the difference between a contract and a deed?
#VOIDMORTGAGE
MONEY VS MONIES WORTH?
What does this mean and what were you actually loaned?
It really is as different as apples and pears.
If someone wanted some apples and could only complete the bargain by providing pears then that exchange would be complete. (If accepted of course.)
If you wanted apples but completed the bargain with “Money”(1) then that exchange would be complete.
In both scenarios the person had to have the apples.
If you go to the Post Office to get your Euros you pay over “Money” (1).
That exchange is complete as you agreed to it but the PO took a cut for providing the service of “Exchange” (3).
In this case the PO had to have the Euro’s.
If you wanted “Credit” (2) and the only thing you had access to was a “Promise to pay” (3).
When do you think this transaction completes the bargain?
So what happens when you get a “Mortgage” (4)?
You think that someone is going to lend you the money that they have and you agree to paying this money back with interest because that is how it is in a commercial transaction.
For a contract or agreement to take place there has to be a number of elements.
If you thought that “Money” (1) was being lent, as opposed to be advanced “Credit” (2) would you have had the same intent or could it be argued that “Mutual Intent” (5) never existed in the transaction for the bargain to complete?
(1) Money =
(2) Credit =
(3) Exchange =
(4) Mortgage =
(5) Mutual Intent =
(6) Monies Worth =
Therefore in what circumstances does Money EQUAL Monies worth?
Answers on a postcard …