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Repossession questioned by deeds not being signed


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It would seem that 'sequenci' was showing at the bottom of the thread...IMS21 was not..but IMS21 sent a post......wow!!..... I want me some of that there 'Stealth Mode' power ; )

 

Apple

[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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See, it happened again ; )

 

However, you are correct....what we do know is that IMS21, Sequenci, and Bhall have stealth power......we mere mortals do not ; (

 

I will simply wait for Sequenci...when he is not in 'stealth mode' to come back with the answer to the question...which is of interest to all viewers to this thread in due course...

 

Apple

[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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I think 'stealth mode' is like 'multiple personalities'.....because in between 'bhall' posted up....he's name never appeared on the bottom of the thread at any time....amazing.....

 

I want 'stealth mode'......Can I get me some please...just tell me which button do I need to press to access it...so as I can be a 'guest' as well as post up at the same time????

 

Apple

[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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Yes but I am not in Stealth Mode :lol:

 

OH YES YOU WERE :lol:

 

Enough of these 'games'....mortal kombat is for kids.....

 

We have more important things to be getting on with......

 

IMS21 ...pm Sequenci whilst you are in what ever mode you will...and ask him to answer a very important question for us as soon as he/she can.....

 

Cheers

 

Ta

 

Apple

[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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I think 'stealth mode' is like 'multiple personalities'.....because in between 'bhall' posted up....he's name never appeared on the bottom of the thread at any time....amazing.....

 

I want 'stealth mode'......Can I get me some please...just tell me which button do I need to press to access it...so as I can be a 'guest' as well as post up at the same time????

 

Apple

 

bhall doesn't have Stealth Mode.

 

As much as I would like to give you the power of invisibility, I can't...sorry.

 

As I said, it makes absolutely no difference to the subject matter of this thread.

 

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I have just signed the petition and shared it on facebook

 

Brilliant.

 

We are only a matter of days into the e-petition...we are ahead of others...so, it's going in the right direction.

 

Shelter have also set up a petition of their own and are directing it to David Cameron.......looks like 'petitions' are becoming the order of the day......it's looking good....very good.....

 

Apple

[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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bhall doesn't have Stealth Mode.

 

As much as I would like to give you the power of invisibility, I can't...sorry.

 

As I said, it makes absolutely no difference to the subject matter of this thread.

 

 

SEE THIS:

 

"There are currently 18 users browsing this thread. (8 members and 10 guests)

applecart marika41 p.j AderC andrew1 IS IT ME? SMZ1187 sequenci"

 

At no point is 'bhall' or IMS21 showing...but both have posted.....now someone somewhere is getting 'stealth mode'.......SEQUENCI?????

 

 

Apple

[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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SEE THIS:

 

"There are currently 18 users browsing this thread. (8 members and 10 guests)

applecart marika41 p.j AderC andrew1 IS IT ME? SMZ1187 sequenci"

 

At no point is 'bhall' or IMS21 showing...but both have posted.....now someone somewhere is getting 'stealth mode'.......SEQUENCI?????

 

 

Apple

 

Ah but what about if one pops in, posts and then clears off again. Like me now.

 

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I have a question please, all this chat about securitization, does that only concern sub prime lenders? being as I am with C&G/Llyoyds is it anything I have to concern myself with or can I just ignore it? Does it involve my case at all?

 

No, securitisation does not only concern sub-prime lenders....Lloyds are heavily involved in securitising ..... on the London Stock Exchange.... however, like I say...get rid of the deed...and the securitisation 'stem' will fall away.....

 

How are you getting on otherwise?

 

Apple

[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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Ah but what about if one pops in, posts and then clears off again. Like me now.

 

IMS21, I have been led to understand that you are a 'manager'.......Shall we leave this issue alone.....If you could PM Sequenci for us .... the sooner he/she can give us the only information that we are interested in from a site team member right now....no offence....

 

Cheers

 

Ta

 

Apple

[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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Apple

 

MNS21, I have been led to understand that you are a 'manager'.......Shall we leave this issue alone.....If you could PM Sequenci for us .... the sooner he/she can give us the only information that we are interested in from a site team member right now....no offence....

 

Cheers

 

Ta

 

Apple

 

Did you not campaign to have your private message facility returned to you ? If you want to private message Sequenci, you can do it yourself.

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I have no doubt Sequenci will respond when they are ready or when they are able to do so.

 

SEE THIS...IMS21 has posted and his/her name now appears:

 

There are currently 19 users browsing this thread. (10 members and 9 guests)

applecart citizenB ims21 marika41 p.j AderC andrew1 IS IT ME? SMZ1187 sequenci

 

uuuuummmmmm.......I have already said...and I hope said politely too.... I am happy to wait for 'sequenci' to come back with an answer for me.... I am in no rush.....

 

Cheers

 

Ta

 

Apple

[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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Thank you Apple, I am beginning to understand the main points though I am not very confident about arguing all the counter arguments yet but I am still trying to. I have not been able to do a great deal of reading these past few days I have some spare time this weekend to do some more though and I have no intention of giving up

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Apple

 

 

 

Did you not campaign to have your private message facility returned to you ? If you want to private message Sequenci, you can do it yourself.

 

No need to be so harsh......not when I'm doing my bestest to be polite.... ; (

 

I was told that everything needs to be on the thread....transparent.....so, forgive me.....besides Sequenci posted on the thread that he works for an authority...he did not PM me with the detail.....I presume he is happy to make it public...out in the open....on the thread.... for all to see.....

 

He/she is welcome to PM me with who he works for if he/she likes....and unless he states 'do not share'.... I will post it up on this thread for him/her...

 

Apple

[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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Thank you Apple, I am beginning to understand the main points though I am not very confident about arguing all the counter arguments yet but I am still trying to. I have not been able to do a great deal of reading these past few days I have some spare time this weekend to do some more though and I have no intention of giving up

 

I hear you.

 

The counter arguments and how to deal with them will fall into place....once and as soon as you understand the main points.....

 

You will see that the counter arguments are of no merit and of no defence.....keep reading...when the penny drops..... you will be able to sit back and enjoy the 'banter' that is going on in between...I'm sure the likes of Is It Me, and others are having a field day ; )

 

 

Apple

[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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As a reminder.....Here are the MAIN POINTS again:

 

1 The Application was minded to be struck out on the premise that it was without merit.

2 The Chamber allowed time to make further submissions

3 We drafted the ‘written representation’ to amend the initial application to essentially ask for a determination of the deed (not the charge) with a view to set ting it aside on the following grounds:

 

a) The finding that it is the applicant who is the Registered Proprietor with owners powers to charge the registered estate..not the Lender

b) The finding that the applicant has no power to charge the registered estate with a ‘mortgageicon’.

c) The finding that a ‘charge by way of legal mortgageicon’ has the same effect as a ‘mortgage by demise or sub-demise’

d) The finding that a deed meeting the approved form of charge of HMLR is not a Deed that meets the necessary formalities in relation to ‘delivery’ of a deed

e) The finding that a deed meeting section 53 of the LPA 1925 does not meet the necessary formalities in relation to ‘delivery’ either....

f) The finding that the Deed must be executed thus ‘assumed’ by the Lender before any presumption of delivery can be said to be in evidence to meet section 1 (2) LPMPA 1989 (as amended) (RRO 2005).

g) The finding that the applicant cannot be bound to a deed on the presumption that he is wholly liable to both grant and assume the deed by way of his/her signatureicon alone.

 

4 The Grounds set out above are supported not only by the protections and interpretation of the Law making sure but also case law decided in superior courts of record, (all of which relate to the setting aside of a deed for want of delivery and/or formality) namely:

 

a) Popham J in Hawksland v Gatchel (1601) Cro. Eliz. 835

b) Bibby Financial Services Ltd v Magson [2011] EWHC 2495 (QB)

c) Garguilo v Jon Howard Gershinson & Anr [2012] EWLandRA 2011_0377 (06 January 2012

****The Draft written submissions do not rely at any point on section 2 of the LPMPA 1989 ****

 

NB: Against the ‘grounds’ submitted in the ‘draft’ application the Lender cannot and understandably has not submitted to the Chamber that he has a lawful right to ‘mortgage’ a registered estate and he relies that it is ‘common practice’ to do so...and says this ‘common practice’ as relied upon by various un-related decisions and an un-reported case substantiate its ‘objections’ to the application going forward to a hearing... he also objects to say that the Borrower should be bound to the deed that he has not executed in reliance on ‘common practice’ ....’Common Practice’ is not the LAW....and it would be wholly misguided to walk into a superior court of record and admit that you have ‘mortgaged’ a registered estate...and notably; the lender has not done so.....or to walk into a superior court of record to rely that a deed that you have not executed will be misconstrued as one that is valid in relation to delivery based on the mis-conceived interpretations of the law based on a defence of ‘common practice’ ...’common practices’ .....circumvent the law....Consequently it is clear...there is NO DEFENCE ...

 

ADDITIONAL POINTS..

 

Section 27 (1) (f) is of no significance.... for it relates to a 'legal charge' party to the 'disposition' (mortgage) in relation to the borrowers registered estate......the borrower has no such power......the only disposition that is intended to be entered on the Borrowers title in relation to his/her registered estate within the provisions of the LRA 2002 section 27 is found at section 27 (3) (b)....a SUB-CHARGE'......nothing more!

 

Under the LRA 1925....section 25 makes it clear...anything that is over and above essentially a 'sub-charge' is void...

 

Get this posted up on your fridge.....it will help you deal with the Lenders counter arguments....

 

Oh...and first legal charges....all relate to un-registered estates ..... not registered estates...ok?

 

Apple

[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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No, securitisation does not only concern sub-prime lenders....Lloyds are heavily involved in securitising ..... on the London Stock Exchange.... however, like I say...get rid of the deed...and the securitisation 'stem' will fall away.....

 

How are you getting on otherwise?

 

Apple

 

apple care to explain to us mere mortals how you arrive at that statement :you surely can't be saying the mortgage goes away

kegi

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Hi All,

I seem to have screwed up posting a message yesterday evening which may have addressed some of the issues above, kinda help the debate and get us to where we need to be, but its lost uuuummmmmmmm.

 

Yes, there will be a hearing and if you win, well... they buy you off then, they'll silence the court... all with their money or is that... your money.

There will be no more hearing they will just buy you off, of course you will need to go through the application process just to get their attention, they send the legal letters etc, etc, you will get your hearing but not necessarily in a court, but then they buy you off. Should this happen enough times then a settlement pattern will emerge everyone will get something from this deal then eventually overtime, it will fizzle out.

 

So the question is... WHAT ARE YOU GOING TO DO ABOUt IT. How are you going to stop them dividing up the many?

STOP UNLAWFUL REPOSSESSIONS - SIGN THE PETITION NOW

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apple care to explain to us mere mortals how you arrive at that statement :you surely can't be saying the mortgage goes away

kegi

 

Hi Kegi...

 

This thread was to do with Is It Me's friend defending possession of his/her home....we have put an application into the Chamber to determine the deed as you know.

 

When I say the 'securitisation' stem falls away... I refer to the FACT that any reliance on possession of Is It Me's friends home as party to that scheme will fall away..once the deed is determined as void..

 

We are dealing with and making sure the house is not repossessed at first instance......the application to the Chamber will do that : )

 

The Chamber are more than capable of directing Is It Me and his her friend and the Lender as to what will be next steps.......if Is It Me's friend takes issue with those next steps for whatever reason.....we shall be here to deal with that....either way...

 

The 'mortgage'....is the 'disposition'....that relates to the registered estate.......so, yes....we are saying the 'mortgage' 'goes away'.... Is It Me's friend has no power to 'mortgage' the registered estate as you will know from the 'main points' posted above....

 

If you are referring to the 'debt'......which I assume you are......then the 'debt'......as far as I understand it....and reliance on the court for an order to support it....would need to be founded on a valid 'agreement'..... one that meets section 2 of the lpmpa 1989.....to avoid the statute of frauds part IV I believe.......

 

Apple

[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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