Repossession questioned by deeds not being signed

[alisono]

Is it me and pj just a mention here I found my mortgage actually on the securitisation document actually listed on the old lender number as sold

[IS IT ME?]

Kegi

Whos yours with?

 

Alisono;

Hi That's great news thanks you, what you need to get if you haven't already is the sale agreement, Deed of charge and the SPV agreement and then your see who owns what.

[p.j]

Hi Apple IS IT ME hope your both well been a bit busy over the weekend just kept an eye on things not posted up.

 

Hi Alisono mine should be with yours then would like a copy if that's ok..I cannot pm anyone again do not know why this is maybe the site team can deal with that issue or are we back to square one trying to force everything on to the thread again?

 

pj.

[ims21]

For your information there is a glitch with the PM system which we hope to have fixed tomorrow (Monday)

[alisono]

I can send to you, let me know your old lender reference and I will look it up as well :-:

[alisono]

Good evening IS IT ME

I have the document sent by the mortgage administrator. And I have now sent letter to lender requesting all above, sale agreement I have now from the original solicitors who transacted the deal their file also

[IS IT ME?]

Your on your way then lol.

[p.j]

For your information there is a glitch with the PM system which we hope to have fixed tomorrow (Monday)

 

ok i believe you i really do but its funny i could pm xyh20 who is viewing the thread but not any of my fellow members?any way not to make a song and dance about it onwards and upwards .....i will look for the ref number Alisono thanks

 

pj.

[applecart]

IS IT ME are you saying now that this thread only concerns securitised mortgages and no one else has anything to worry about in relation to the points apple has been making I thought it applied to all mortgages securitised or not ,if so that shines a whole new light on the subject matter and in my view needs clarifying in quick time [ apple]

kegi

 

Hi Kegi

 

It is a fact that one of the main criteria of entry to the securities markets – is that a lender (originator) .... must ‘own’ legal title.......another essential element is that the deed must be/remain in ‘escrow’.

 

(‘escrow’ to you and me, in practice; means – ‘un-execucted’ by the Lender and signed only by the Borrower)

 

There is no doubt - A ‘mortgage’ is a complete disposition of the Borrowers legal estate and charge....a ‘mortgage’ facilitates the means by which a lender secures ‘ownership’ of the borrowers legal estate – regardless as to whether the land is ‘un-registered’ or ‘registered’.

 

We now know....if the borrowers estate was registered.....the ‘mortgage’ of it - is un-lawful; on the ground that - the borrower has no ‘power’ to grant a ‘mortgage’ of his registered estate.

 

( a ‘charge by way of legal mortgage’ is the same as a ‘mortgage by demise or sub-demise and a legal sub- mortgage is a ‘charge by way of legal mortgage...all of which are not permitted within the general law in regard to a registered estate)

 

(‘Full Title Guarantee’ – this is the disposition of the ‘title’ in whole – see: section 10 Trustee Delegation Act....and LPMPA 1994)

 

We now know.....a deed that is signed by the Borrower only – is a deed in ‘escrow’ and stands to facilitate the complete disposition of the borrowers registered estate/charge.....all rights legal and equitable to the borrowers ‘title’ to the favour of the lender.

 

The Borrower and his money acts to facilitate the Mortgage Backed Securities (MBS)– the Borrower and his money is the ‘conduit’.....to facilitate the investors of the MBS scheme....

 

The FCA is the new Listing Authority. I believe there is a conflict of interest - this department like the FSA before it.....authorise the listing of MBS.....authorise and ‘approve’ the representation of companies to act on behalf of the ‘principal’ lender (originator)...These ‘AR’s’ - target and make every borrowers life a misery.....

 

such is the need to service the MBS.... that they do not care that a borrower is made homeless... all that appears to be important when an MBS is in the background - is that the borrowers estate is sold on and another borrower take that borrowers place to service the MBS.....

 

So, in answer to the question......Does this thread only apply to lenders who securitise?

 

NO.....the detail in this thread will not only assist those who can evidence that the 'mortgage' has been securitised by their lender - it will ALSO apply to all and every lender who ‘mortgages’ registered land...and to any and every lender who has not executed the deed.....

 

Apple

[applecart]

God evening all. I have posted the petition on face book and linked in not real a twitter person but a friend has over2,000 followers so will ask them tomorrow . I have forwarded to Channel 4 and BBC so will let you know if I get a response.

 

onwards And upwards on this

 

Brilliant...Thanks Alisono.......might be an idea for all those with a facebook account to do the same ; )

 

Apple

[applecart]

Hi Apple IS IT ME hope your both well been a bit busy over the weekend just kept an eye on things not posted up.

 

Hi Alisono mine should be with yours then would like a copy if that's ok..I cannot pm anyone again do not know why this is maybe the site team can deal with that issue or are we back to square one trying to force everything on to the thread again?

 

pj.

 

The SPML MSA is here on this thread.....can't think which page now...but it is definitely here...... ; )

 

Apple

[p.j]

The SPML MSA is here on this thread.....can't think which page now...but it is definitely here...... ; )

 

Apple

 

Hi Apple got that one... ; )

 

 

pj

[applecart]

Hi Apple got that one... ; )

 

 

pj

 

Brilliant.... : )

 

At the back in the 'appendix'.....there should be a list of every single 'mortgage' account number (if memory serves me well) - just look through them .... and I can almost guarantee; yours will be there.....

 

When you find it......you can be 1000% sure your loan account - pooled has been sold....

 

It might be worth having a look at the fca register.......to check out who is 'preferred's' appointed representative.....or if 'acenden' are collecting your money...might be worth checking to see who the say their 'principal' is......it should show 'preferred'.....but...let's discuss?

 

Apple

[applecart]

Does your lender have FCA authority to hold client money?

 

http://www.fca.org.uk/firms/systems-reporting/register/use/firm-status

 

This is what the FCA say:...

 

"Further information

 

You might also find that a firm is described as being 'unable to hold client money', which means it is not allowed to have cheques or money paid to it when it sells a particular product. In this case you would make your cheque or bankers draft payable to the firm providing the product, even though you give it to the firm providing advice or arranging the sale."

 

Just thought i'd share this 'titbit' of information with you all....get you thinking....

 

If you find on the FCA register that this 'limitation' is attached to the 'regulated activities' registered for your lender....or...given the recent 'interim permissions' going on....the 'administrator of the loan'...or check through the 'approved representatives' of your lenders choice............then it makes sense to beg the question........WHO IS TAKING/GETTING MY MONEY...off the back of an un-executed deed....which relates to an unlawful mortgage of my registered estate?????

 

....And....do they have FCA 'permission' to do so???????

 

 

Apple

[applecart]

I've just checked the FCA http://www....... it is not working today???......that's strange ; (

 

Apple

[p.j]

Brilliant.... : )

 

At the back in the 'appendix'.....there should be a list of every single 'mortgage' account number (if memory serves me well) - just look through them .... and I can almost guarantee; yours will be there.....

 

 

 

 

When you find it......you can be 1000% sure your loan account - pooled has been sold....

 

It might be worth having a look at the fca register.......to check out who is 'preferred's' appointed representative.....or if 'acenden' are collecting your money...might be worth checking to see who the say their 'principal' is......it should show 'preferred'.....but...let's discuss?

 

Apple

 

Hi Apple think i checked this before Acenden have no authority to hold client money ...

 

pj

[p.j]

Hi Apple think i checked this before Acenden have no authority to hold client money ...

 

pj

 

Preferred have a registered name on there but trading as yellow brick road direct mortgages ?

[kegi]

Kegi

Whos yours with?

 

IS IT ME Mine is a 1984 abbey mortgage orig paper deeds and me and the wife are down as owners absolute and abbey are in the charges section only .the charge itself says we the borrower charge the property by way of legal mortgage with the sum of all monies owed to the lender, me and wife have signed plus a witness and says signed under seal and that's all

My daughters have both a Halifax 1988,2001 which show them both as owner absolute and Halifax in the charges register only

but neither it appears have been sent from [sol] a copy of the charge deed so cannot comment on that

kegi

ps so according to what apple sent me in response to my previous post none of these were/are encumbered

[applecart]

Hi Apple think i checked this before Acenden have no authority to hold client money ...

 

pj

 

ah ah......Did you check out their 'permissions'?

 

Apple

[applecart]

Preferred have a registered name on there but trading as yellow brick road direct mortgages ?

 

'Yellow Brick Road Mortgages'...... is that a 'genuine' company name....lol??

 

Who are their 'tied agents' etc??......does it say 'Acenden'?

 

Apple

[applecart]

Kegi

Whos yours with?

 

IS IT ME Mine is a 1984 abbey mortgage orig paper deeds and me and the wife are down as owners absolute and abbey are in the charges section only .the charge itself says we the borrower charge the property by way of legal mortgage with the sum of all monies owed to the lender, me and wife have signed plus a witness and says signed under seal and that's all

My daughters have both a Halifax 1988,2001 which show them both as owner absolute and Halifax in the charges register only

but neither it appears have been sent from [sol] a copy of the charge deed so cannot comment on that

kegi

ps so according to what apple sent me in response to my previous post none of these were/are encumbered

 

Was the property you took a loan for with the Abbey a 'New Build'?

 

Apple

[applecart]

 

Was the property you took a loan for with the Abbey a 'New Build'?

 

Apple

 

Hi Kegi...

 

I asked you the question above, purely because I am conscious that it is within the general law to 'mortgage' a new build...to 'charge the property by way of legal mortgage'

 

When Abbey (now Santander) get 'mortgages'......they pool them and sell them on....much the same like a number of the Lenders we are coming across on this thread...

 

Here is the Link to ALL the documentation that you may find of interest...includes the Mortgage Sale Agreements and everything else...

 

http://www.aboutsantander.co.uk/investors/debt-investors/holmes-master-trust/holmes-master-trust-documentation.aspx

 

Your daughters, will need to acquire their 'deeds'...costs £11 for a copy......from HMLR....

 

Apple

[kegi]

 

Was the property you took a loan for with the Abbey a 'New Build'?

 

Apple

 

No apple ex council

kegi

[applecart]

 

No apple ex council

kegi

 

Hi Kegi......as an ex-council house....it would seem to me that it would have been registered for the 'first time' with HMLR when you applied for the 'right to buy'......this would be the 'trigger' - your lender was ok in applying a 'mortgage' .....

 

However, It sounds as though you have never looked to change the Abbey (Santander) for another lender...is this true?....are you still with the Abbey (Santander)?

 

Apple

[p.j]

Here you go IS IT ME its mr gilroy from 2011 on morning TV.