Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first.
In what way was the Mortgage invalid and are you in a position to return the funds?
Please ignore the site pop ups they are deeply annoying
Could you be more precise about the specific ways in which you believe there have been breaches of the various statutes as at present it is a little confused and it is important that i can follow the thread (and yes I have done a great deal of residential conveyancing)
However you also need to be aware that if you are claiming that the deeds are invalid you also need to have plans in place to repay the monies received (without interest of course)
The case that is referred to in that article does not say in fact relate to the dating of the deed later.
It also confirms that there is an Equitable Mortgage in existence in that case and does not make the point you think about the Power of Attorney.
I appreciate that I have only skim read it and may have missed what you saw - can you guide me to the paragraph in the Judgement that you are referring to
I am sorry for the delay - I have been checking all the details - it is fascinating reading and I wished to be certain that I had a good grip on it
I can understand how the approach that this gentleman has taken in presenting the appalling way that he was treated looks as if it has wider implications.
However as ever the devil is in the details
In fact the reason why his mortgage deed was not valid (although an equitable mortgage IS confirmed) is nothing to do with when the witness signed or when the date was added - all of which were in fact said NOT to be relevant - it was about the fact the TRustees were treated as a corporation and not as individuals as they should have been
This does not have any relevance to your position
I am afraid that the rest has no legal validity - this is not a gift that creates mythical money - that is the same as saying that paper money is not valid as it is a "promise to pay the bearer" which of course is now simply pretty wording and not legally enforceable.
By all means fight the Receivers - but if you do it based on this case law you will fail because yours is NOT a family trust.
I am sorry - and I have looked into all the details in the hope it could work - but much of the arguments he puts forward on these sites are NOT the ones that won the case in court