Parareg,

Have you got a copy of your deed yet from LR....?

i think you will only get a copy of the deed from LR. NR wont give it to you - I know that much.

parareg - you better pm me - the site team are trying to silience me!!!!:lol:

Please close this post - I dont want to fall out over this.

I just hope the 9.2million people heck their mortgages, and the legallity of them!!

:lol:

There is nothing legally wrong with an unregulated mortgage which second mortgages are, and which are generally for secured loans over £25k. It is quite possible that there had been a first mortgage which was subsequently paid off. Hence my questions trying to establish the facts so that a proper answer to your query can be provided, rather than glibly giving an ill-informed response.

There really is a complete misunderstanding of what I am saying.

You are all incorrect on the term 'mortgage'. A mortgage has to be secured against the property.

If I am wrong, then please put me straight on the matter.

I have no idea why NRAM called it a mortgage. It is not, in law.

I dont understand the relevance of the other questions? Was there ever a mortgage, was it over 25k, did you borrow are immaterial.

the fact remains there is NO mortgage.

I dont understand your point. You seem to be suggesting that a 'mortgage' can be a mortage without following the statutory legislation??

That is obviously wrong, is it not?

I also find it "implausible" that 9.2 million people in the UK would just repay a mortgage without checking if it is in fact a 'mortgage' following statutory legislation.

NRAM plc call it a mortgage, but it is not. It cannot be in law, when it is unsecured, unregulated, and unregistered as a Charge.

That would be "implausible".

The definition of a 'regulated mortgage contract' is defined under the FCA(Perg).

The definition of a 'first legal mortgage' is defined under FinancialServices and Markets Act 2000 (Regulated Activities) Order 2001" Part II,Chapter XV The Activities, Article 61 (4) (a).

The definition of a charge is defined as meaning 'a mortgage, charge or lienfor securing money or money's worth' (Land Registration Act 2002, s132).

ok, will do.

http://www.legislation.gov.uk/uksi/2001/544/article/61/made

and

http://www.legislation.gov.uk/uksi/1999/2083/regulation/5/made

:violin:Throw in Bankruptcy, and its all gone!

and as a result...I was thinking of:

"The Unfair Terms in Consumer Contracts Regulations 1999"

thanks for the post.

The other post is something different which is why I didnt post there. I am not trying to be awkward, just trying to have posts that are relevant to the topic.

Returning to the post above:

still have the property, there is no 'first' legal mortgage for the loan, and there is no regulated mortgage contract

"Mortgage" thus:

The Financial Services and Markets Act2000 (Regulated Activities) Order 2001" Part II, Chapter XV TheActivities, Article 61 (4) (a).

Therefore, we have an unsecured, unregulated mortgage contract do we?

Hi,

Does anyone know what is the legal effect of having an unsecured, unregulated mortgage contract?

Does it mean NRAM are in trouble with the FCA?, and is it any good to me being unsecured and unregulated?

sorry, I meant registered charges against your property. Its shown under section c of your title number of your house.

You may not have a copy of this, apply to land registry for a copy of the mortgage deed or charge.

If you have any copies of documents, can you upload without the personal details?

I am also guessing you have an unsecured loan? What are these details?

how many mortgages did you have, and how many charges?

If anyone is interested, I am taking these people on, and they are in difficulty.....

does anyone have any links to multiple loan agreements and mortgages.

I was thinking Heath v Southern Pacific Mortgage Ltd [2009] EWHC 103 (Ch) (29 January 2009)

everytime I post, I get 20+ guests viewing....

hiding my posts makes me think there is something going on with this site.

people dont want to wade through pages and pages of posts.

the change of the title of thread was unwanted.

I wont both posting again.

Why does the site team keep moving my posts.

If they dont like what I post, I wont post. I will use another forum elsewhere.

Perhaps the site team in fact work for northern rock ******s....

they are doing it...trust me...

they are having an epic battle at the moment....

Hello people,

Northern Rock apparently register one mortgage deed and rely on this for all further mortgages and security for their unsecured loans. Apparently, if once a customer has one registered charge against their property they then rely on this for their security for any further lending.

In addition, they have mixed up their loans with "restricted use credit" and "unrestricted use credit", possibly creating an unenforceable mortgage. They are clearly not "all monies" charges.

Please can anyone share any experiences of this, and whether anyone has had more than one 'first' mortgage registered against their property by these people or NRAM plc?

I have a feeling they are not telling all what they need to....and it is all about to explode!!!!

Hello mediaseller,

Nice to see someone having a go as it were.

I would get a subject access from NRAM before you start litigating with them. Tell them nothing until you have all of the information.

I would also get copies of the mortgage deed from Land Registry.

When you get it all and review I am sure it will make for interesting reading........

They are having a very difficult battle at the moment, with someone I know.....

Hi,

I am confused. Please can someone assist?

Something tells me this is not as confusing as it appears!

The position:

I wanted to buy a new house, but had a house already with a mortgage on it.

I had to pay the old borrowings off (as part of te mortgage conditions), with a new mortgage on the new house.

The first house has its own mortgage deed, so did the second house, which I signed.

I had a mortgage advance on the new house in two parts. 1st Part was secured, 2nd Part was unsecured.

The 1st House had borrowings of £195k against it, the new mortgae was £197k, with a further £21k unsecured.

I paid off the 1st House borrowings with the new mortgage of £197k. A further £11k was used out of the unsecured loan to purchase the new house.

The combination of the secured and unsecured enabled me to buy the new house.

(also known as restricted and unrestricted credit).

A mortgage deed was signed for the secured only, but the mortgage company now says the mortgage deed secured ALL monies. The mortgage deed was not an all moneys charge.

I am totally baffled.

It appears to me, the mortgage is in fact unenforceable?

Any help to clear my mind would be most appreciated.

I have looked at various cases, including the onesbelow:

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2009/103.html&query="heath+v+southern+pacific"&method=boolean

http://www.bailii.org/uk/cases/UKSC/2014/52.html

Please can someone give me assitance?

Hello,

Please can anyone give some help on this, ALL WITH 1 LENDER:

1 lender scenario, all monies charge, (albeit not actually stated as one):

2004 - loan account number A given by lender.

2005 - loan account number A (above) paid off by SAME lender with SAME account number A

2006 - lender confirms 2005 loan A redeemed.

mid 2007 - Beneficial Interest in property transferred from us, as no equity.

late 2007 - Bankruptcy.

2014 - lender seeks subrogation to 2004

Is this practically and legally possible? Any case law would help as well!

I could understand the subrogation if there was more than 1 lender, but there is not.

Any help as always is gratefully received.