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GiveHimaMask

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  1. Hi Ben, Yes when I originaly posted this case here I thought it very interesting, on the one hand there was the LIE, I knew that would help IS IT ME and on the other there was Pender and that would help you, so who would have thought there would have ever been common ground here on this thread between IS IT ME and Ben. But a word of caution, as you know there are constants and variables in life, in this case, the constant is the Lie, that will never change and the variable, well that is the Authority the Judge used in Pender, who knows some time in the near future the Judge might use ' In
  2. GoodMorning Crapstone, Huh, The Judge says that if you sre a 2nd charge Lender and there is insufficient equity in the property to cover your charge, then the court will not grant you an Order. Seems to me that if you are a Borrower and you fall under these circumstances thenyou do have a ' one size fits all solution... So yes talk to your lender and tell you will see him in court... not... and yes apply for all those over charging charges... remember you are under no pressure... and when you get that refund... Speak to your Lender and offer him 20p in the pound to settle his charge and u
  3. Hi IS IT ME / Apple, One last point before I say goodnite the other issue in the decision I posted in 2013 NIMaster 18 is this, If you are a second charge Lender and there is insufficient equity in the property to discharge your debt, the the court here will not grant an order for repossession as it represents futility and waste. Subsequent hearing have had this decision applied and now the Lenders are adjourning such cases. Now there is another little nugget and just in case the alternative view police want to pick and poke at this here is what the Master suggest... when there is suf
  4. Hi Apple, Have they gone to bed yet, weel they certainly buried that little nugget I posted from NI. They covered it up in the remedies the chargee would have in the event of a default. But here it is again... You cna not mortgage registered land...nor do you aquire the status of legal owner under the charge... you do not have a contractural nor legal right to possession. thats what the law says here in NI. Now to put this into some context here in NI I would refer to the Carlin case which Ben highlighted the point that repossession was thrown out because the Lender told a lie as to who
  5. Hi Apple, That Dodge and Crapstone are not they the ones... the judge says you cannot mortgage registered land you can only charge it, you have no common law right to repossession nor do you aquire the status of legal owner and he reiterates this point later on in the decision... not only do they want to argue with you all ady long that you are wrong but now they want to tell this Master he is wrong.... what are they like. gham
  6. Hi Dodge, You need to see a little further "I agree with Professor Wallace. The plaintiff has a registered charge to which Schedule 7 applies. The plaintiff does not have a “contractual and legal entitlement” to possession Sorry, gham
  7. hi All, Re my earlier quote from the NI Master and so there is no confusion by way of interpretation it means, you cannot mortgage registered land.
  8. Hi IS IT ME / APPLE Here is another little nugget from NI, you can read the full decision of Swift Acvances PLC & Justin Heany 2013 NIMaster 18, but here is an extract as the Masterstates "In this jurisdiction, as I have indicated, there is a wider discretion to defer or deny a secured lender’s claim to possession under Schedule 7 where, as in the present case and in the vast majority of cases I have heard over recent years, the mortgage is a charge on registered land. Over a decade before the Human Rights Act 1998 was enacted, Professor Wallace wrote this in his article Mortgagees and
  9. Hi Mollypockets, Haven'y been on here for a while as I await the outcome of the Property Chamber but pop in from time to time to check for progress. However, your pending issue re repossession hearing, as a fellow countryman you should contact the Housing Rights Service, 4th Floor Middleton Building, 10-12 High Street, Belfast, Tel: 028 9024 5640. This is a free service to you and they will represent you at your hearing, their expertise is in property law and mortgages. So contact them as soon as you can and arrange an appointment. For you own information as the folks on here explai
  10. Hi Seq, I hear you, but can you show a judical decision in relation to 2nd charges, you now, one were the Lender has gone all the way and permitted publication in the public domain of its failure to exercise its security. I would have thought that if this was the case then all those on the cag with 2nd charge issues could have been directed to them and save them some stress???
  11. Hi molloypockets, Nothing wrong with getting it of your chest, but you know what they say, 'Don't get mad... Get Even'. I see that you are under pressure at the moment , care to say who your Lender is, to see if something can be done???
  12. hi Crapstone, The signifance of this case is that it is a High Court judgement, you could say case law, now in the public domain. It will help people in similiar circumstances with a 2nd charge on their home. No need, to go digging around, wrecking your brain, trying to find a way out. Given that this is a NI case and reports state that at least 75% of homes are in negative equity there, then this has a substantial impact for those who seek the time necessary to find a rebalance in their lives and the removal of one element of stress helps greatly I would have thought.
  13. Hi Is It Me / Apple, A copy of decision published in the past few days, just for your records Anyone doubting that the judicary will let the implications of a decision overide the Law...READ THIS. Neutral citation No: [2013] NIMaster 19 Ref: 2013NIMaster19 Judgment: approved by the Court for handing down (subject to editorial corrections) Delivered: 09/09/2013 2009 No 89199 IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION ---------- BETWEEN: GE MONEY SECURED LOANS LIMITED Plainti
  14. Hi pleasehelpme26, I've just read through your thread and again I'am impressed by the help provided by the good folk here on the cag. I am absolutely sure that you will come out the ortherside on favourable terms with the continued assistance of the contributors and for that I wish you every sucess and best wishes for xmas. To further lift your spirits, I would suggest once you have these current issues stabilised that you get in touch with claims management company specialising in mis-sold mortgages. From the snipets you have posted early on in this thread you clearly
  15. Hi mollypockets, If you are in NI, you can get a copy of your deeds at, Land Registry, Lincoln House, Great Victorai Street, Belfast, just uo from the Europa Hotel. You can call in, give the address, pay the fee and they will print them off as you wait. If you follow Apples explanation of the Legal sections referred to in this thread, you'll be well informed.
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