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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10788
Experience:  Barrister 17 years experience
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Is there a time frame for a mortgage company to have

Customer Question

Is there a time frame for a mortgage company to have registered a charge over your house or land
Submitted: 26 days ago.
Category: Property Law
Expert:  Buachaill replied 26 days ago.

1. Dear Nathan, there is no time limit upon a mortgage company registering a charge over your house or land, if a mortgage deed gives them this power. Essentially, the debt owing under the mortgage deed would have to become statute barred after six years of not acknowledging the debt or making any payment, for the mortgage company to lose its power to register their charge under a Mortgage Deed.

Expert:  Buachaill replied 26 days ago.

2. So, if after six years of making no payment on the mortgage or not acknowledging the debt, then the power to register the charge would be lost by the mortgage company.

Expert:  Buachaill replied 26 days ago.

3. However, if you have made a payment on the mortgage within the last six years, this would revive any powers under the Mortgage Deed, including the power to register a charge which had not yet been registered.

Expert:  Buachaill replied 26 days ago.

4. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

Customer: replied 26 days ago.
If the previous mortgage company's charge wasn't cancelled until two years after remortgaging and released funds would there be a problem
Expert:  Buachaill replied 26 days ago.

5. No, this would not be a problem. Essentially, the previous mortgage company's charge has been got rid of. This does not affect the situation with the current mortgage company.

Customer: replied 26 days ago.
How can two company's hold the same charge at the same time. Once the deed is signed do you not have to register a priority with land registration until you can register the charge
Expert:  Buachaill replied 26 days ago.

6. There is no problem with two mortgage companies holding charges over the same property. This happens all the time. Additionally, there is no registration of priority. Priority is determined by rules of law, namely, first in time and then legal charges have preference over equitable charges.

Customer: replied 26 days ago.
A piece from the internet below is there any meaning in itMortgages - ILLEGAL as well as UNLAWFUL!We have known, for quite a while, that every single mortgage ever established was unlawful. Because there is ZERO "Contractual Consideration" from the Finance Company ... because they create the so-called "finance" out of thin air. This was discussed in the 2nd Edition of my book.Thanks to someone who has pored through a load of Statutes, we now discover that mortgages are also illegal - in other words - 'not legal even under Statute'.IT IS A FACT that - when applying for a mortgage - one is sent a Title Deed to sign. And whoever is applying for the mortgage signs and dates it, and posts it back to the Finance Company.There is only space on the Title Deed for the Applicant(s) to sign. There is no space for the signature of the Finance Company (i.e. 'Representative') to sign.Thus the Title Deed does NOT, in itself, form a Lawful Contract.Another way of describing a mortgage is to call it a "disposition". A "disposition" of funds (to pay for the dwelling being purchased).Now, the full argument is here.What that is saying is that the mortgage is only created (according to Statute) when the Charge is lodged at the Land Registry.This only happens after the Title Deed has been signed and returned to the Finance Company.Thus the actual creation of the mortgage ("disposition") is in the future of the Title Deed.And the Statutes state specifically that any Contract for a future disposition, must bear the signature of BOTH Parties.And, since the Title Deed only bears the signature of the Applicant, this fails to create the necessary "Contract for the future disposition".Which means that "lodging the Charge with the Land Registry" was entirely fraudulent."Entirely fraudulent" means "null & void in Law".Thus to claim "possession" - at the time of foreclosure - is "utterly, and completely, entirely fraudulent, and thoroughly reprehensible" ... even according to Statute!So, you say, "Well, why don't the Finance Companies correct this by applying their own signatures, then?" ... to which the answer is: "What signature?" ... something like "A. B - for, and on behalf of, XYZ Finance Ltd"? DO YOU REALLY THINK MR. A. B IS GOING TO PUT HIS NAME TO AN UNLAWFUL FRAUD? (It's always UNLAWFUL, don't forget!)They have got away with this fraud, because THEY DON'T SIGN ANYTHING ... and because THAT OMISSION has gone unnoticed for so long ... because people are INDOCTRINATED at school, as opposed to being "educated".When, during your childhood, and young adulthood - even during your life - were these things explained to you ... things such as YOUR ACTUAL, FUNDAMENTAL, RIGHTS?The whole thing, "society today", operates "by omission". George Orwell said "Omission is the biggest form of a lie". You want proof that is true? OK, consider the Oath that Witnesses must take, before giving testimony to a Jury: "I do solemnly swear to tell the truth, the whole truth, and nothing but the truth".That's just another way of saying: "I swear not to omit anything relevant", isn't it? Which means that "omission" is tantamount to perjury.
Expert:  Buachaill replied 26 days ago.

7. Are you for the birds??? This is absolute sh*t!