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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Will Courts Accept Sub Prime Lender not Producing Mortgage Deeds


Karl1974
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Hi

I am looking for some advice if anyone can help. I am due in court next weekregarding non payment of rent on an apartment. I have been asking Kensingtonfor 4 months to prove they hold the Mortgage Deed as I believe the mortgage hasbeen securitised and that I may have no contract with them but some othercompany.

They have to date not provided any information but pressed ahead trying toget me into court. I have told them I will pay once they allow me view thedocument.

Does anyone know if the courts will accept this behaviour from them or will Ijust be told to pay them or else.

Thanks in advance

Karl

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  • 1 month later...

Karl, it looks as though this question has been overlooked. I think the reason possibly because you were in the wrong forums.

 

You should have possibly requested sight of any document necessary for your defence by CPR.. if they didnt then provide them, the Court would be able to order them to do so.

 

Can you please update ?

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  • 1 year later...

The title register registered at HMLR are is not strictly conclusive of who holds/owns the mortgage...

 

This is a misconception that I can only assume has been bandied about for years by touts trying (successfully in some cases I might add) to throw borrowers off the right trail...

 

The best way to work with HMLR is to see who is registered - then request a copy of the mortgage deed direct from HMLR - lender does not have to be told that you are getting a copy - when you get it, it will be conclusive of the relationship between you and the lender.... the crux is this... it is not that your lenders name is on the Deed; but whether, the Lender has signed it or not....

 

from there... you can begin to consider just what rights you transferred to the lender (if any) and just how 'conclusive' HMLR should be taken to be in regard to your relationship with your particular lender..

 

Hope this helps?

 

Applecart

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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