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Repossession questioned by deeds not being signed

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Hi Apple,

 

Ben’s Post

By executing a deed in accordance with all the requirements for such execution1, the party whose act and deed it is becomes, as a general rule, conclusively bound by what he is stated in the deed to be effecting, undertaking or permitting2. He is, in general, so bound even though another party has not executed the deed3,

Judge Blunsdon - Decision

“ until the charge is registered the chargee has an equitable charge over the registered land” para 22

“The equitable charge over the property sprang into existence on delivery of the deed” pg.18

“ and is a deed validly executed by Mr. Joseph Fergus alone”

 

 

That's the reason I advised Ben to post up evidence for us all.....we wanted to be sure as quickly as possible that Ben is not simply looking to 'shoehorn' his quote from Halsbury to suit that which he will knows and is 'privvy' to what the Judge said in 'fergus'...

 

There is a 'F'LAW because he posted that you can 'mortgage' BOTH Un-Registered and Registered land .... which is contrary to what the LAW provides....so, clearly I was hopeful that he would provide for us the proof....

 

Instead Ben is avoiding doing so.... possibly because he 'shoehorned' the information in relation to Registered land into the information himself of 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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If there are copyright issues, which I believe there would be.. it would be CAG who was in trouble.. not Ben !!


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Well of course viewers of this thread have a choice.

 

They can accept what has been posted by Ben, they can research it themselves or they can dismiss it. That decision will be up to the individual.

 

I think...given that anything that we post we are able to provide the proof...we do not just expect viewers to rely on what is posted.... Why on earth would viewers expect that Ben need not prove his alternative argument.....especially given that he admits to having the evidence ....and all he needs do is scan and post it up.....for ALL to see...

 

Surely you should be encouraging Ben to put applicants, Lenders, Site Team members .... in fact the whole world out of their misery and share the information now...because if he delays too long...we might start to think that the detail if and when posted is not authentic in any case.....

 

He Has the Detail.....so he says..... so he should do the decent thing.... and post it up ; )

 

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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If there are copyright issues, which I believe there would be.. it would be CAG who was in trouble.. not Ben !!

 

Halsburys Law is the LAW.... there can be no copyright issues with regard to any document that contains the LAW.....I would have thought you would know that?

 

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...given that anything that we post we are able to provide the proof...we do not just expect viewers to rely on what is posted.... Why on earth would viewers expect that Ben need not prove his alternative argument.....especially given that he admits to having the evidence ....and all he needs do is scan and post it up.....for ALL to see...

 

Surely you should be encouraging Ben to put applicants, Lenders, Site Team members .... in fact the whole world out of their misery and share the information now...because if he delays too long...we might start to think that the detail if and when posted is not authentic in any case.....

 

He Has the Detail.....so he says..... so he should do the decent thing.... and post it up ; )

 

 

 

Apple

 

Like I said, members/viewers have a choice.

 

Accept it, dismiss it or investigate it.

 

As with any other material or assertions presented on this thread, the same thing applies.


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It would seem that we are not going to see sight of any evidence from Ben guys....ah well.....such is life ; )

 

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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Just for the record.......if I was advocating an alternative argument that defended the arguments stated in this thread.... I would have NO hesitation in posting it up on this thread in the largest typeset I could find.....without any hesitation.....

 

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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Hi Ben,

 

Why don't you just post it up, it has not held you back before, its in your interest also. Do the honourable thing and get it up here, so the lads can give it a kicking.

 

Many Thanks.

 

Hello GiveHimaMask

 

The section applicable to mortgages is over 400 pages and the section applicable to deeds is over 300 pages.

 

I am not going to spend my time scanning one page (especially as those posted have been quoted word for word) let alone over 700 pages.

 

As I have said to Apple, it is your choice to believe what I have posted is what Halsbury's states or not. Believe it or don't believe it - that choice is yours to make.

Edited by bhall

 

Yes Mark, I am Bones

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Instead Ben is avoiding doing so.... possibly because he 'shoehorned' the information in relation to Registered land into the information himself of course ...?????

 

Apple

 

 

lol, if you really think I have 'shoehorned' it in and that Halsbury's does not state what I have quoted word for word- don't believe it, disregard it.

 

That is your choice. :razz:


 

Yes Mark, I am Bones

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Bhall,

Well I am glad you have not let me down lol

Halsbury's is what some one would like the law to be NOT what goes on in the court room, we all have our own way of putting things and you have certainty done that!

As I have posted before what you say without any proof is no more of use than toilet paper, as for posting up 700 pages please it would be no more than 5 or 7 at the most!

And by the way its not copy right.

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Bhall,

Well I am glad you have not let me down lol

Halsbury's is what some one would like the law to be NOT what goes on in the court room, we all have our own way of putting things and you have certainty done that!

As I have posted before what you say without any proof is no more of use than toilet paper, as for posting up 700 pages please it would be no more than 5 or 7 at the most!

And by the way its not copy right.

 

lol, obviously you are not familiar with Halsbury's Laws of England - Volume 77 by itself has 786 pages and that is just one volume of over 100 volumes.

 

As for proof ?

 

I have posted each extract word for word. It is not something I am claiming but something written in Halsbury's.

 

Believe what you want to believe Is It Me?

 

If you don't believe what I have posted is as stated in Halsbury's, don't worry about it, ignore it - Your choice :wink:

Edited by bhall

 

Yes Mark, I am Bones

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lol, if you really think I have 'shoehorned' it in and that Halsbury's does not state what I have quoted word for word- don't believe it, disregard it.

 

That is your choice. :razz:

 

Ben

 

' It is easier to fool people than to convince them that they have been fooled"

 

 

mark twain.....


e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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Ben

 

' It is easier to fool people than to convince them that they have been fooled"

 

 

mark twain.....

 

My sentiment exactly.......it was the way that the statement was 'conveniently' shoehorned at the end that stuck out like a sore thumb...lol......wonders will never cease hey ; )

 

I suppose 'shoehorning' must have a lot to do with 'common practice'....as 'ratified' (so we are 'told by Ben') into Law) hahahaha

 

Not just 'any' Law though.....it is Halsbury's LAW......according to Ben....and you can believe or dis-beleive all you like ...lol

 

Me thinks someone is in desperate need of a shovel :smile:

 

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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Well if there is anything you cannot find in the future, I'm happy to try and find it via the academic route :)

 

Hi Sequenci

 

Remember what you said above....??

 

Well; your man; bhall has posted from Halsbury's Law volume 77 - 5th edition

 

You wouldn't happen to have a copy on that academic database of yours by any chance??

 

If you do.....can you help Bhall out....he is struggling to copy and scan up a few pages for us all to see.....can you assist??

 

BHall must have forgotten that we have you for all things 'legal database'...... ; )

 

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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Well; your man; bhall has posted from Halsbury's Law volume 77 - 5th edition

 

As it goes, I'm actually going TO the library this morning. I can take a look BUT as others have said there may be issues with posting it up if the books are subject to copyright. I know there are areas that are not covered, and I'm sure research and academia is one of them. I'll do my best to look. That said, I'm away a LOT over the next week or so - so heaven knows when I might be back :)

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Ben - thanks for taking the time to sort of answer my questions. I'm trying to find the page where you've posted up this part of Harlsbury Law. I want to see for myself. What pages of volume 77 am I looking for?

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As it goes, I'm actually going TO the library this morning. I can take a look BUT as others have said there may be issues with posting it up if the books are subject to copyright. I know there are areas that are not covered, and I'm sure research and academia is one of them. I'll do my best to look. That said, I'm away a LOT over the next week or so - so heaven knows when I might be back :)

 

Cheers Sequenci

 

I can't see that copy write will be any issue. (as you know a quick call to the library will clarify this for you).

 

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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Ben - thanks for taking the time to sort of answer my questions. I'm trying to find the page where you've posted up this part of Harlsbury Law. I want to see for myself. What pages of volume 77 am I looking for?

 

Hi TimeToGoRam

 

You have a copy?.....brilliant.....looks like we will get the info very soon ; )

 

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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Hi TimeToGoRam

 

You have a copy?.....brilliant.....looks like we will get the info very soon ; )

 

Apple

 

Sorry Apple, I didn't mean I had one. I just need to get Ben to tell me exactly which pages of the 700 I need to look at at? I will go library like sequenci then.

 

Ben over to you......

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Sorry Apple, I didn't mean I had one. I just need to get Ben to tell me exactly which pages of the 700 I need to look at at? I will go library like sequenci then.

 

Ben over to you......

 

ahhh....gotcha....brilliant..we are covered then either way...yeehaah ; )

 

I'll re-look at Bens posts and see if I can glean which section/page you need to look for.

 

Back in a bit.

 

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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Creation and priority of mortgages

 

http://lexisweb.co.uk/sub-topics/creation-and-priority


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It would seem all you need do is get the correct volume - which is volume 77 (2010) 5th Edition and then look to section 104 "legal mortgages"

 

Taken from Ben post on the other thread: "Halsbury's Laws of England/mortgageicon (VOLUME 77 (2010) 5TH EDITION)/1. DEFINITION AND CLASSIFICATION/(1) IN GENERAL/104. Legal mortgages."

 

and then...in relation to 'deeds'...you need volume 13 the 2007 're-issued' version....

 

Taken from Ben's post on the other thread: "Halsbury's Laws of England/DEEDS AND OTHER INSTRUMENTS (VOLUME 13 (2007 REISSUE))/1. DEEDS/(3) EXECUTION OF A DEED/(ii) Formalities of Execution under the Law of Property (Miscellaneous Provisions) Act 1989/33. Signing"

 

I hope this helps?....or maybe; like you say...Ben will be good enough to just let you know which page/s he is referring to - would make it a lot easier to source ; )

 

so, yes Ben...over to you mate.....I'm sure you will have no problem in helping us to follow your guidance to source this information for ourselves as quickly as possible.....?

 

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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Creation and priority of mortgages

 

http://lexisweb.co.uk/sub-topics/creation-and-priority

 

eeeerrrmmm....Thanks for this (very interesting info indeed..) However- this is not quite what we are looking for.... we want 'Halsbury's Law' volume 77 and volume 13......have you got a link to those CitienB??

 

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 ,

Don't worry I am going to order the Book we need and check for myself, Ben as always states things then never backs them up.

As he has already' so called' posted up the parts he has already broken copyright any way! so I don't know why his not done it.

And yes Ben I 've heard of Halisburys and its only the volume that deals with mortgages that I need not all of them lol

 

Citienb; thank you for your post but its not what we are looking for, all that is is a fly sheet on it and the link to the site which is just used by solicitors????? or people in the legal prof or another side lol wink wink.

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Apple ,

Don't worry I am going to order the Book we need and check for myself, Ben as always states things then never backs them up.

As he has already' so called' posted up the parts he has already broken copyright any way! so I don't know why his not done it.

And yes Ben I 've heard of Halisburys and its only the volume that deals with mortgages that I need not all of them lol

 

Citienb; thank you for your post but its not what we are looking for, all that is is a fly sheet on it and the link to the site which is just used by solicitors????? or people in the legal prof or another side lol wink wink.

 

Hi Is It Me.... I'm not going to worry....we are on it.....we will get the detail no matter whether Ben supplies it yes or no....

 

After all it is Ben's integrity and credibility that we seek to protect here - not ours ; )

 

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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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2093 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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