Repossession questioned by deeds not being signed

[marika41]

If you insist on using the untried and untested 'ideas' posted on this thread, I beg you to at least use them in conjunction with tried and tested methods, don't put your home at risk as a result of accepting these 'ideas'.

 

I am personally deeply saddened that you have come across this thread and now considering these ' ideas' - if you can, please speak to a Solicitor first, even if it is just an initial discussion meeting.

 

I am still using "tried and tested" methods but they are not working

[IS IT ME?]

So Ben you have a letter from my friends to their solicitor ASKING for this to be done??

I think not

[bhall]

So Ben you have a letter from my friends to their solicitor ASKING for this to be done??

I think not

 

What ?

 

Of course I don't have a letter from your 'friend' to their solicitor

 

Why would I have it and how would I have got it ?

 

Makes no sense.

[bhall]

I don't even know what the 'this' is you are referring too

[IS IT ME?]

Ben,

No because you will find NO letter from any borrower stating please send this on to the LR, only they send it to the LENDER.

Your so sad that people are trying these methods, well as I've said before and you and others have over looked here

There are 2 TWO cases which have stopped all possession hearing because of the question of deeds not being signed.

I would also point out that until the Norgan case which I am sure you, or may be not agree had no help from CAG was done as a first ' TEST' case but that is only any good if the borrower can pay the extra and has the time to do it within the term and then the rates go up and up.

As said before there is no reason for you to worry I am sure a D/J and C/J know what they are doing.

[bhall]

Ben,

No because you will find NO letter from any borrower stating please send this on to the LR, only they send it to the LENDER.

Your so sad that people are trying these methods, well as I've said before and you and others have over looked here

There are 2 TWO cases which have stopped all possession hearing because of the question of deeds not being signed.

I would also point out that until the Norgan case which I am sure you, or may be not agree had no help from CAG was done as a first ' TEST' case but that is only any good if the borrower can pay the extra and has the time to do it within the term and then the rates go up and up.

As said before there is no reason for you to worry I am sure a D/J and C/J know what they are doing.

 

The borrowers solicitor sends the mortgage deed to the land registry when the solicitor requests the borrowers to registered as the owner of the legal estate. The borrower does not send it to the lender.

 

Your providing advice when you are not even familiar with the actual process ?

 

To answer your question, no I don't have a copy of a letter that doesn't exist.

[IS IT ME?]

YOU ARE WRONG YET AGAIN BEN THE BORROWERS SOLICITOR DID NOT SEND THE DEED TO THE LR AT ALL BUT TO THE LENDER AS I HAVE A COPY OF THE LETTER AND IT CONFIRMED.

sO IF YOU ARE SAYING THAT THEY ARE LIEING AND HAVE COMMITTED FRAUD THEN I'll BE HAPPY TO TELL THEM.

i AM AND HAVE BEEN VERY FAMILIAR WITH THE ACTUAL PROCESS FOR THE LAST TWO YEARS WHEN DEALING WITH THESE CASE.

AND YOU HAVE ANSWERED YOUR OWN QUESTION YET AGAIN

[bhall]

A snippet from the Law Society

 

http://www.lawsociety.org.uk/for-the-public/common-legal-issues/buying-a-home/

 

 

Completion

 

This is the final stage in the conveyancing process when your solicitor hands over the money to the seller and the keys are released to you. Your solicitor will pay the stamp duty land tax and Land Registry fees on your behalf. Your solicitor will register the interest of your mortgage lender and record you as the new legal owner of the property.

 

"your solicitor will register the interest of your mortgage lender"

 

Exactly as I previously posted

[applecart]

I am still using "tried and tested" methods but they are not working

 

Hi Ya........ we were advised you were looking in.....Welcome.......tell your friends, family, associates, your neighbours...the man on the street.....the press.....tell everyone you come into contact with that which you have learnt here.....

 

I could not have made your point more clearly myself.....so....Here, Here.......

 

The current relied upon 'tried and tested' methods are not 'working'......They merely cover over the REALITY......and that is.....When you 'MORTGAGE' you affectively DISPOSE of the Legal and Beneficial Interest in your Estate......that means you are essentially paying and maintaining the house for the Lender......that's not what borrowers bargained for....and fortunately it is not what the legislator intended either....

 

We learnt that by virtue of the LRA 2002.....the legislator on noting that Lenders have been taking the proverbial.......and so since then no borrower has power to 'mortgage' only power to secure indebtedness.........

 

We learnt that if the deed is only signed by you....then it is VOID..... your lender will have NO DEFENCE.....

 

This will be so, even if you took the loan out over 400 years ago....

 

Check your Deed......has your Lender done you the honour of executing it?

 

I hear you when you say you have 28 days to put in a Defence.....The court will be ever so glad you found this thread....You will assist them give your lender short shift if they have not executed the deed.... : )

 

Please...... make my day and tell me your deed is only signed by you....

 

Apple

[applecart]

A snippet from the Law Society

 

http://www.lawsociety.org.uk/for-the-public/common-legal-issues/buying-a-home/

 

 

Completion

 

This is the final stage in the conveyancing process when your solicitor hands over the money to the seller and the keys are released to you. Your solicitor will pay the stamp duty land tax and Land Registry fees on your behalf. Your solicitor will register the interest of your mortgage lender and record you as the new legal owner of the property.

 

"your solicitor will register the interest of your mortgage lender"

 

Exactly as I previously posted

 

Ben

 

Thanks for this......Are you looking to push the blame on the Borrowers solicitor to say......it is the Borrowers Solicitors fault that the Lender did not execute the Deed??

 

Are you saying that the Lender will come into court and try to look to the Borrowers Solicitor for redress?

 

ummmmmm, that would be an interesting outcome:lol:

 

Apple

[IS IT ME?]

I knew you would be along soon lol

[IS IT ME?]

That's why we have a letter saying this was not the case and why it took the lender 33 days to send it to the LR lol

[applecart]

I would have to read the deed for myself first, as many include a reference to further advances.

 

Some will say 'this deed is also used to secure further advances'

 

In addition Some will also say that the lender is not obligated to provide a further advance.

 

The wording is of paramount importance.

 

To give you a specific answer, the answer would have to be based upon a specific mortgage deed, that I have read for myself.

 

Also remember that the HMLR practice guide also includes another method by which further advances are accepted.

 

Ben

 

On the other thread...you were quick to advise that it is only if the mortgage deed makes reference to a further advance that the lender has to execute it.......are you having second thoughts??

 

I do wish you would do as we do.....which is to make the distinction between the formalities required by HMLR for an 'approved form of charge' and what statute (that's the Legislator) says...the legislator says that the borrower must sign and the lender must execute the Deed.......

 

Try to refrain from looking to confuse discerning consumers....we pay and contribute to the CaG.....we do not do that so that you can come and try to misguide us.....

 

Apple

[applecart]

I knew you would be along soon lol

 

Not that you guys aren't on top of things without me : )

 

I can see all are well focused.......and MUST remain so.

 

 

Apple

[marika41]

Hi Ya........ we were advised you were looking in.....Welcome.......tell your friends, family, associates, your neighbours...the man on the street.....the press.....tell everyone you come into contact with that which you have learnt here.....

 

I could not have made your point more clearly myself.....so....Here, Here.......

 

The current relied upon 'tried and tested' methods are not 'working'......They merely cover over the REALITY......and that is.....When you 'MORTGAGE' you affectively DISPOSE of the Legal and Beneficial Interest in your Estate......that means you are essentially paying and maintaining the house for the Lender......that's not what borrowers bargained for....and fortunately it is not what the legislator intended either....

 

We learnt that by virtue of the LRA 2002.....the legislator on noting that Lenders have been taking the proverbial.......and so since then no borrower has power to 'mortgage' only power to secure indebtedness.........

 

We learnt that if the deed is only signed by you....then it is VOID..... your lender will have NO DEFENCE.....

 

This will be so, even if you took the loan out over 400 years ago....

 

Check your Deed......has your Lender done you the honour of executing it?

 

I hear you when you say you have 28 days to put in a Defence.....The court will be ever so glad you found this thread....You will assist them give your lender short shift if they have not executed the deed.... : )

 

Please...... make my day and tell me your deed is only signed by you....

 

Apple

 

hello apple, my deed is signed by me and the witnessed signature is signed with a solicitor company stamp underneath so there are 2 signatures on my deed, does this mean I cannot apply to the chamber?

[IS IT ME?]

LOL that's the point we ARE FOCUSED and that's the problem for them, may be some people need to redraft their defences to the chamber as looking at it again its not all that much about signing the deed but what is owed lol.

I also note that there are no responds to the question of how 2 cases have been put on hold then??

[IS IT ME?]

Marika41,

No you can send your application into the chamber.

and i bet your lender is a sub prime lender

[bhall]

I hope no matter what ideas be they fanciful or otherwise are posted on this thread, it remains open at least until after the Property Chamber hearing.

 

It is of paramount importance that the outcome is published in this thread, to ensure no one else seriously considers those ideas.

 

Only then will common sense prevail

[IS IT ME?]

What will you do then ben?

if we win? sorry that should be when we win

[marika41]

Marika41,

No you can send your application into the chamber.

and i bet your lender is a sub prime lender

 

I do not know what a sub prime lender is,

[marika41]

I do not know what a sub prime lender is,

 

plus I have 2 signatures on my deed

[IS IT ME?]

One is yours

and the other is your witness

The solicitors stamp is just to show it is where it has been confirmed as being sent.

[applecart]

hello apple, my deed is signed by me and the witnessed signature is signed with a solicitor company stamp underneath so there are 2 signatures on my deed, does this mean I cannot apply to the chamber?

 

Hi Ya

 

Your signature is required.....the person who witnessed your signature is also required along with their name and address.....that's your part done.....this is the 'solemn form' required in relation to your statutory duty to sign the deed.....

 

Your Lender is also statutorily required to execute the deed......'execution' is said instead of 'sign' for your lender because....the Lender is a Company....they have a duty to execute in accordance with their 'Articles and Memorandum of Association' (Ltd Companies) (Ben...have I said that right??)....and they also have a statutory duty (this is the legal duty) to execute in solemn form ...that's the signature of at least 2 Directors and witnessed...

 

If the space for your Lenders signature is 'blank'......THE DEED IS VOID

 

Please make my day......is the space where your lender is supposed to sign BLANK???

 

 

Apple

[marika41]

I am looking at a copy of my remortgaged deed ( I do not have a copy of the original mortgage deed) it is a single page and I cannot see any box where the lender signs or where it says lender signature, there are 4 spaces under signature of the borrower with the top box signed by me,the next column has 4 boxes also for signature name and address of each witness, the top box is signed and stamped by a solicitor, there are also 2 stamps from the land registry on the page so no in answer to your question there is no other signature, unless I am missing a page?

[applecart]

I am looking at a copy of my remortgaged deed ( I do not have a copy of the original mortgage deed) it is a single page and I cannot see any box where the lender signs or where it says lender signature, there are 4 spaces under signature of the borrower with the top box signed by me,the next column has 4 boxes also for signature name and address of each witness, the top box is signed and stamped by a solicitor, there are also 2 stamps from the land registry on the page so no in answer to your question there is no other signature, unless I am missing a page?

 

When did you 're-mortgage'....Just state the Year please?

 

Apple