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Clare, Solicitor
Category: Law
Satisfied Customers: 34889
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How can I stop illegally appointed LPA Receivers? My

Customer Question

How can I stop illegally appointed LPA Receivers?
My mortgage company has acted on a void Mortgage deed. Date subsequently added after original signatures. NOT executed as a Deed.
Mortgage company do not have a legal stand alone Power of Attorney subject to the 1971 Power of Attorney Act
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Im still waiting after 24 hours??
Expert:  Clare replied 1 year ago.

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?

Customer: replied 1 year ago.
Hi Clare, I believe a barister called Amy(?) was dealing with this?? Anyway never mindMortgage deed always had the date added by the conveyancing solicitor in many cases a week later together with their witness stamp and signature. therefore NOT executed as a Deed as per Law of Property Act's 1925 and 1989. Solicitor also negligent as he did not point out or advise anything re Power of Attorney clause in mortgage T&C's and the enormous implications that would have. It was only a few lines in T&C's rather than a Stand Alone document executed as a deed as required under the Power of attorney Act 1971No legal Deed to prove Mortgage available or original contract. Assumed to have been traded, sold or assigned. No change of owner at Land Registry.We asked for these documents 11 weeks ago:-1. A lawful deed of mortgage that complies with the 1989 Law of Property Act, S1 (1)
2. A valid mortgage contract that complies with the 1989 Law of Property Act, S2 (1)
3. A valid Power of Attorney deed that complies with the Powers of Attorney Act (1971)
4. A statement as to whether the mortgage has been securitised.
5. Material evidence under GAPP UK that any loans were made.We have sent ongoing notices to Cease and Desist to Mortgage Co and Receivers. Both parties just ignoring us and carrying on upsetting my tenants, and I believe collecting rents illegally and committing fraud by misrepresentation.Have reported everything to Action Fraud but only a week ago.Yes I just went over 2 months arrears with 30 properties. They knew that I was spending money to sell a couple of their properties, I explained but they didnt reply! Once they had the chance the came down on me like a ton of bricks. I have discovered a great deal about 'Mortgages' over the last 12 weeks. I was an IFA and neither me or ANY of my colleagues ever heard anything about a POA in a mortgage contract where the bank have the authority to sign anything in my name (if it was legal!) and any come back would land back with me.No I dont have the arrears to pay back and now i would not on principal. Its gone too far.I think their behaviour is despicable, unprofessional and totally illegal.First stage stop the illegal LPA receivers, then prosecute Mortgage CoYour advice would be great. I thought my conveyancing solicitor was a friend. Now I see I have been completely stitched up.
I always wondered why my solicitor worked for the Mortgage Co as well. Now I know.If you are a conveyancing solicitor Clare maybe you out to pass this case on, or join our ranks. The next ppi scandal!
Customer: replied 1 year ago.
I have already paid £46 with the barrister women I never heard back from!! Why am I being asked for another £44?Yes i would like to talk but I should have the £46 credited back first.
Expert:  Clare replied 1 year ago.

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)

Customer: replied 1 year ago.
Ive taken this cutting from a recent letter to the receivers. They are just point blank refusing to acknowledge that they have made any due dilligence enquiries via MX. They are complicit in this fraud as are MXDespite numerous requests by Notice, for you to provide a copy of A validly executed Power of Attorney document (as per 1971 Power of Attorney Act) , you have point blank refused to respond or provide any evidence to date, that you have power to act on my behalf.He demanded this just to speak on the telephone, yet he does not think it fair that I should be entitled to one, even though it involves millions of pounds worth of my private property.
You continue to harass and make demands on my tenants when you have no right to do this.
You keep quoting the 1925 LPA Act as proof of your authority under appointment.
This is the relevant section for you to study.
Powers incident to estate or interest of mortgagee.(1) A mortgagee, where the mortgage is made by DEED, shall, by virtue of this Act, have the following powers:This is the first line of section 102 subsection1, the whole Act only applies to properly executed deeds, my mortgages were never made by deed and never executed as a deed. They were ALWAYS dated after signatures of myself and witnesses, therefore NOT EXECUTED AS A DEED
Customer: replied 1 year ago.
I think this sums it up!
Expert:  Clare replied 1 year ago.

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

Customer: replied 1 year ago.
Hi Claire,The first time you hear about what is happening is astonishing. When you are caught up in this, like I am, where you write to the bank (letter attached 1 of about 9 ) and LPA Receivers and everybody ignores you and just ploughs on is frightening.There must be a way of stopping these thugs!The most sickening part is when you learn and accept that the mortgage papers you sign have a value as a security.
Having been signed (not necessarily as a DEED (important!)), they are presented to the bank as a gift/deposit which creates the money lent on a mortgage! Created out of thin air on a bank ledger, a deposit. We are the creditors!! This 'Promisory Note/IOU (I promise to pay £200pm for 25y for £100,000 loan) is then securitised i.e sold onto other investors in various forms. So not only has the bank lent none of its own money, its actually sold on the 'security' for many times its worth! When someone like me falls behind on the loan that was never lent we are aggressively attacked, have our houses taken and ultimitely made bankrupt if they succeed.Now I appreciate that might sound astounding, but its normal banking procedure here and in the US at least Now Im not even challenging the ethics of whats happening I'm, challenging the legality of the documents that they DONT HAVE to appoint the LPA bullies to repossess houses. Sorry but I cannot cut it down to a couple of paragraphs. Its something that needs to be understood.I cannot sum it up better than the man who has pioneered this case against the fraudulant banks... is more information from his website here : He is not alone by any means but its written for everyone to understand. Waugh v Bank of Scotland 2014 is his families trust. Land reg are about to remove more fraudulent mortgages from the register TGBMS The Great British Mortgage Swindle would be interesting to know how much of this you know or have heard. You may be thinking I'm a raving looney!!We have written over 30 letters to MX, the receivers, their pathetic solicitors that print TLT LLC and cannot even sign their name (sorry!), and in return I have ONLY had one very dismissive letter from MX basically saying we dont have to give you anything, go away, complaint closed!!! Does that not make you think there is something going on??? We dont believe going to the Ombudsman would help as we suspect they will know and back them.Im sure this is very different for you Claire. Let me know what you think.
Thanks Rhys
Customer: replied 1 year ago.
Sorry Clare not Claire!
Expert:  Clare replied 1 year ago.

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