Statutory Provisions


Chapter Version 1.3 [21JUN2013] [Contains Errata: 1 2 3 4 … and correction of Void Mortgages link]

In previous Chapters I’ve attempted to explain the need for ‘solutions exposure’, as a complement to ‘problems exposure’, and also the benefits of Dedicated Non-Compliance.

In the immediately preceding Chapter, I presented the reasoning to understand what Law is, and what it is not.  In that Chapter I pointed out that Statutes (i.e. Acts of Parliament) could not stand up to any distinguishing characterisation of “Law”. However, as all readers will know, Statutes form the body of legislation enacted by Parliament, and are thus the meat and drink of our so-called ‘Judicial Processes’. Thus, even though Statutes are not Law, it is possible to find some solutions by employing Statutes, particularly those which actually define Common Sense (and thus Lawful) provisions.

Therefore in this Chapter I would like to provide a solution exposure based on the juxtaposition of certain Statutory provisions, and related to the emotive subject of Mortgages. In this way I will seek to show (a) That every Mortgage is, and always was, utterly fraudulent and (b) What at least five Homeowners have done to expose that fraud, and thereby stay in their homes. I make no claim to having worked this out myself, although I have kept a close eye on it, as it transpired, and encouraged it as much as I could, by publicising it as much as I could.

In order to make this explanation, I need to make two assertions, which I do not have space to prove here and now. Suffice to say that these assertions can be proved (in a number of different ways). Here they are, in relation to Mortgages:

1. The Bank/Building Society never signed anything to create a valid Contract ... and

2. Never lent anything, in the first place.

I've been in County Courts when those arguments have been made, in order to try to stop evictions, and watched the supercilious smile on the faces of so-called 'District Judges' - who completely ignore those facts, and still go ahead and rubber-stamp the Eviction Orders. It's perfectly obvious that 'they are OK', and look down on the Homeowner (who they obviously see as 'pathetic'), trying to stop himself from being evicted. It's perfectly obvious that they actually take a quite a delight in the plight of someone else, and are only too happy to make that plight even worse. This is the mark of a true PSYCHOPATH (almost undoubtedly Common Purpose-driven, of course).

But ... ‘the Solids have now hit the Air Conditioning’ (as someone once said). See The Void Mortgages Website.

The ‘Void Mortgages’ people stumbled (somehow) [Errata 1: due to thousands of hours of combined research] upon the "Registration Gap" argument. Which (fundamentally) points out that - when a Mortgage is created - the Bank/Building Society start to 'run', before they are even entitled to 'walk'. And by 'running' (when they are not entitled to) they create a steamroller, which tramples on any 'niceties', such as would constitute a valid Mortgage, in Law.

That's the simple analogy, anyway.

The Registration Gap argument succeeds ... where no "Plea of mercy, due to the real-world FACTS of inherent fraud" succeeds, for three reasons:

A. The argument is made in 'higher' Courts - which are less corrupt that lowly County Courts, and

B. The argument points one Statutory Provision against another ... in a different Statute.

C. The argument is irrefutable, while the current Statutory wording remains.

I'll try to explain it as simply as I can.

One of those Statutes (the latest being the Land Registration Act 2002) says – very clearly and unequivocally - "A Mortgage only comes into being when the Charge is lodged [Errata 2: by electronic-registration] at the Land Registry".

Now, anyone who has ever had a Mortgage will recall that "the charge  being lodged at the Land Registry" takes place last ... not  first. Thus, by Statute, there is no Mortgage (at all!) until the very last minute of the process.

Consequently, everything up to that point is not "The Mortgage", but is – in fact – nothing more than "a process leading up to The Mortgage". And the only process  that would be valid, in Law, is a valid Contract of Obligation (on both sides, both yourself and the Bank).

And there's another Statute (the latest being the Law of Property (Miscellaneous Provisions) Act 1989) that defines a valid Contract of Obligation, and it says – again very clearly and unequivocally – "A valid Contract of Obligation MUST be signed by BOTH Parties".

Now the START of the process is when the Bank/Building Society get you to sign (what is known as) a Title Deed. And this would constitute a valid Contract of Obligation, if they were to sign it as well.

But, they never do. [Errata 3: Since 2013, examples of Title Deeds with a space for the signature of a 'Lenders' Authorised Representative have appeared. Word seems to have got around]. The reason being that a Mortgage is fraudulent, for the reason given in my second original assertion i.e. they never lend you anything except thin air. And a valid Contract of Obligation must consist of equal Contractual Consideration on both sides. That means, if you are prepared to offer the sweat of your brow as your part of the exchange, then they must offer you something of equal value, as their part of the exchange. ‘Thin air’ is no fair exchange. Which, by-the-by, means that – even if you sign something, and later discover a fraud - you have no obligation to continue to make payments, because the Contract was never valid, in Law).

So, returning to Mortgages, there is never a valid Contract of Obligation, such as would create a valid pre-process, which would give Statutory validity to "lodging the charge at the Land Registry", and thereby "creating a Mortgage".

According to enacted Legislation (and also, of course, The Common Law aka Common Sense, btw!)

As of the time of writing, March 2013, this argument has now been made five times in 'higher' Courts, and has succeeded those five times [Errata 4: four out of those five times]. This obviously being due to the persistence of those five Homeowners (who, by-the-by, have led the way for everyone).

Furthermore, those people at www.VoidMortgages.com have created their own Security Guards, who will assist them to stand in the way of Bailiffs - Bailiffs who will still persist to try to bully their way - in spite of the fact that they are acting on the basis of utter frauds.

Previous Chapter : Next Chapter

(This page produced in its entirety on Veronica's Local Web Organiser © Veronica: of the Chapman family, 2006-2013)