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Mortgage Re-Claim when held in a Ltd Co.

PostPosted: Wed May 05, 2010 5:13 pm
by chateaux69
Hi to all, I would like your opinions on the following process;

After many months of study and research, I feel I'm ready to start the mortgage process ending in a commercial lien and would value your expertise on the following notice (1st). It's a mixture of Freeman-on-the-land Michael's and templates from Redemption By Method. My only concern is that the property is held in a ltd company so do I sign on behalf of ltd co and STRAWMAN? or just x-y:z on behalf of Ltd company?

Notice to Agent is Notice to Principal. Notice to Principal is Notice to Agent
Silence is Acquiescence, Agreement and Dishonor
This is a self-executing contract in Equity


NOTICE: Request regarding Account creation and maintenance thereof

To: Chief Financial Officer, or Heirs, Assigns or Transferees, as Trustee.
Their Address

From: X:Y on behalf of xxx LTD
c/o my address nr[mmmmm]

Re: Account # 1234567

I hereby serve notice that I conditionally accept the alleged debt and will use my very best endeavours to settle and close the account in the most expedient manner possible, upon receipt of the following:
1. The original promissory note, front and back, associated with the loan
2. All bookkeeping entries associated with the loan
3. The deed of trust associated with the loan
4. The insurance policy on the borrowers’ promissory note associated with the loan
5. The call reports for the period covering the loan
6. The deposit slip for the deposit of the borrower’s promissory note associated with the loan
7. The order authorising the withdrawal of funds from borrower’s promissory note deposit account
8. The account number from which the money came to fund the loan to the borrower
9. Any allonge, front and back, affixed to the borrower’s promissory note fro endorsements
10. Verification that the borrower’s promissory note was a free gift to the lender from the borrower
11. The name and mailing location of the current holder of the borrower’s promissory note
12. The name and mailing location of the lender’s chartered accountant and auditor for the period covering the loan
Please deliver these reasonably requested items within 7 days of your receipt of this notice at the mailing location provided herein. Failure to do so will comprise the tacit procuration of CAPITAL BANDITS LIMITED’ agreement that it is unable to verify and validate the alleged loan, which may result in the initiation of a commercial injury claim to cure the injury done to (STRAWMAN) on behalf of xxx LTD.

Sincerely and without ill will, vexation or frivolity,

By: x-y: z™
Authorised Representative for ©X Z on behalf of xxx LTD.
All Rights Reserved - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

Re: Mortgage Re-Claim when held in a Ltd Co.

PostPosted: Wed May 05, 2010 6:27 pm
by Dipsy
You need to write on behalf of your company IF you are authorized signatory to do so. Is the mortgage in the name of the company? Were the mortgage funds transferred into the name of the company? Do the deeds show the company as having title? Are you a Director or Secretary? You see your company is just another fiction layer its actually complicated things a bit. That said it wont stop them taking your house away if you stop paying unless you go through a very careful and complex administrative process.

Here is the crux of the problem. A ltd company has Limited Liability and fully subject to statutes whereas YOU can chose to act outside of this jurisdiction.

Re: Mortgage Re-Claim when held in a Ltd Co.

PostPosted: Wed May 05, 2010 7:01 pm
by nameless
Hi chateaux69

Have you published personal details on this posting, or did you make up the addresses? Just a thought, as you wouldn't want to let 'them' find out what you are planning to do before you do it.

Re: Mortgage Re-Claim when held in a Ltd Co.

PostPosted: Wed May 05, 2010 9:25 pm
by chateaux69
Thanks nameless, duely changed :blush:

Good point Dipsy, I'm Director/Secretary and an authorized signature. The house is rented so I have no intentions of stopping paying until the commercial process is complete. I thought I'd try the process on this one first before my own. The mortgage is in the company name but I'm named on the mortgage summary. Has anyone tried this yet in this way or does anyone know of anyone that's tried it through a ltd company?

All thoughts appreciated.

Love n Light :sun:

Re: Mortgage Re-Claim when held in a Ltd Co.

PostPosted: Thu May 06, 2010 3:03 am
by Dipsy
No i don't know anyone doing this administrative process via a ltd company you need to work out a way which you trust 110% or don't bother. Just putting feelers out without understanding the consequences can land you in deep poo.

What i would do is the 10 point debt validation and call it along the lines of a "discovery" to protect the companies asset ie la casa. Include a footnote that failure to answer your 10 questions not only amounts to tacit consent but by virtue the funds were fraudulently processed, title was stolen and the deed of trust must also be wrong having shown that you are just a trustee and not the trustor. You know the law says you are allowed to correct mistakes:) You see this is the clever bit they cant argue once they failed to answer 10 simple questions. So dont argue about the money anymore just CHANGE THE DEED TRUST!!!!

Please remember this when you re-contract with these people and they fail to answer the questions it gives YOU the power to re-contract with them on YOUR terms or they admit to theft, stealing your promissory note, embezzlement, racketeering, instrument fraud, etc

Clearly everything is tits up so that said as trustor you always retain the right to modify the deeds trust agreement and resubmit them back into the public thus you now ALWAYS have full title no matter what happens.

NOW WHEREAS, the parties hereto desire to modify said deed of trust to correctly reflect the amount of indebtedness secured thereby to be zero pounds (GBP 0.00)

NOW THEREFOR, for value received, the parties hereto desire to modify said deed of trust to provide that:

The Deed of Trust is to be modified to eliminate any further payments, to reflect a status of “paid as agreed” for the purpose of reporting to credit agencies, negative reports to the credit agents are forbidden, “lender” owes a refund of all monies erroneously paid to date a full re-conveyance is to be issued by trustee and if no full re-conveyance is delivered within sixty days of the closing trustor reserves the right to revoke power of attorney and substitute a new trustee to record the full re-conveyance, and an administrative fee of ten thousand pounds lawful specie gold or silver coin is due and payable immediately for each and every separate breech on “lender’s” part.

FK em' now they cant do diddle shit if you do this properly you have the power to change the deeds and secure the title. Now all you have left is effectively a credit card debt at the very worst case.. They have no claim to title anymore.:)

Now i cant emphasize how important it is to do the full admin process correctly giving 21 days per leg served by a notary. The change of the deeds must also be put on notice as a Claim of Right and Intent based on the first document set Discovery & Debt Validation. You need certified copies lots of em and be prepared to go to Court the bank will test your weak spots to the full and hope you will crack.

Re: Mortgage Re-Claim when held in a Ltd Co.

PostPosted: Thu May 06, 2010 7:13 am
by the_common_law_reverend_kenny
Thats a fair account. What's missing is the fact that the land registry charge is on the land!! the only real thing to be looking at, really....

You will never validate the debt, but then even if you did what then even if the debt fails validation -so what-it means nothing to the tptb. It's the charge on the land and the fact that it is registered.

The fraud is the fact the the charge on the land was made by the bandidos. The charge on the land remains and it the the charge on the land that defeats us in court everytime. Agreed?

So what I'm trying to point out is the charge on the land is the thing to go for from the start, the judge cares not whether the is £20 or £200,000 alledeged to be outstanding, the fact of the matter is that the land registration process is seen as the ultimate truth in the matter. whether its a trust or a pink elephant has no real meaning.

Have a look a torrens title here

The land registration process is the snare in all this and when we take a mortgage they hardly any mention of the significance of it - this is also behind the fact that they say they do not have to retain the orignal documments but can provide copies, the orignial docs are only use to them to sell on, they dont need them and nor do we, what we need to do is deal with the fact that there is a charge on the land. ( as my efforts have shown from writing endless letters to these jerks)

Re: Mortgage Re-Claim when held in a Ltd Co.

PostPosted: Thu May 06, 2010 8:41 pm
by Dipsy
Well there is only a "charge on the land" via the deed trust agreement. This GIVES them the authority by securing the title to the property. In fact by virtue of them being the lender and trustor they have ownership of the house from day ONE. its not even a security arrangement to fall back on in default. If you read most deed agreements you don't own the house nor even have title to it till final conveyance. In fact you are a tenant paying rent and they actually tell you that outright. So all those that say "I OWN my house" you? have you paid up in full? If not your are a tenant.

Anway that by convention but of course the dead opposite is true once your notices have cured. If there is no debt to answer to then you MUST be the creditor and thus the TRUSTOR and you can you then give notice to change the deed trust and the title of the house has NOTHING to do with the bank any longer. This is why so many fight the cash side of it but the bank still has the title so they just come and collect the house regardless of the money situation.

Oh BTW those that allow the bank to keep YOUR deeds need your head testing especially as many charge like 50 quid a year for "safe keepin" AND you be surprised how many people allow the bank to destroy the deeds at end of term. The other trick banks often come up with is say they LOST your deeds when you ask for them when you reach 60 something and its paid in full.

Re: Mortgage Re-Claim when held in a Ltd Co.

PostPosted: Thu May 06, 2010 9:07 pm
by the_common_law_reverend_kenny
aren't you missing the point dipsy? ...actually i mean you are missing the point.

you propose by changing some deed you will nulify the land registry record. the deed is secondary. once registered the only fact considered is the land registry information. Why make out that people can nulify things. (in england that is)

it makes no sEnse to confound matters giving false info and impresses further upon me that trust language is doing nothing but confusing the issues.

have you personally used the method you are presenting?
how many mortgages have you recovered?
are you relaying theory or practice?
are you talking about england?

a lot of what you say here is mixed up. Please clarify.

Re: Mortgage Re-Claim when held in a Ltd Co.

PostPosted: Thu May 06, 2010 9:21 pm
by Dipsy
have you personally used the method you are presenting? No but i seen others do this and reclaim the title. This is a relative new process since all this redemption stuff has kicked off properly in the last couple of years.
how many mortgages have you recovered? none but i bought and sold 2 houses so i know the process.
are you relaying theory or practice? practice
are you talking about england? yes

You propose by changing some deed you will nullify the land registry record . No not nullify, lawfully change as HOLDER in course. The land registry records the title holder. Im sorry if im missing something here im trying hard not too BUT if i own the property outright PAID IN FULL then why do i not have access to the title, the deeds and the correct land registry entry.

Actually the deeds is primary not secondary to land registration. That is government sanction of control via statutes. The deeds and deed trust is written under common law. This is why when we sign the deeds over it is signed, co-signed and witnessed and wet ink. Now can you imagine showing a photocopy of the deeds in court like the banks try to allow on the promissory note? :) Why is this bit of paper so valuable only the original can EVER be accepted.?

If and when you don't want to be part of of the UK anymore then you can do this by resurveying to preclude UK jurisdiction, send claim of right notices to secretary of state to say good bye and the foreign office to say im here but foreign jurisdiction , change your address from corporate fiction back to domicile location. Use easement contract on the post office and contract with the UPU. NOW you are a micro-state and land registry and council tax no longer applies. I don't think too many have done this yet in england but there are couple of declared microstates in Scotland and dozens more in the US, Canada, Oz and Nz.

If you change the trust agreement you have title and holder of the deeds and therefore can undergo a re-conveyance of the property. Normally you cant do this as you are only a trustee of the account so only the bank can do this EXCEPT via re-contracting under maritime law. As TRUSTOR i can appoint a new power of attorney if they fail to perform. This is the same reason why the DVLA can come along and crush your car.

1) you don't own it you are only the keeper

2) you don't own the MCO title DVLA does.

Re: Mortgage Re-Claim when held in a Ltd Co.

PostPosted: Thu May 06, 2010 10:07 pm
by the_common_law_reverend_kenny
We are in agreement in the fundamentals. However, one of the big mistakes is to take information form other countries and assume that it will work over here. ( without modification) This is not the USA nor is it canada or OZ or NZ

The Land registry can not be changed as you suggest, they are the keepers and are liable for mistakes and ommisions as per torrens title registration system. Essentially, I would prefer not to set people up for a fall and open them up to charges of fraud from tptb. In these matters the registry is the primary source of fact for the court.

The point being that in this country the registry is seen as fact by the court - The registry is seen as evidence. Hence the only way to remove the charge is to ask the registry. When you ask them you know what they will say since you are not the 'alleged' lender you have no right to alter the record and you are not a judge, no matter what documents you turn up with (or what words you use) unless that document is validated by the lender.If someone comes on the forum for advice of a process to follow, we can only advise them from experience and not from anything else i am talking from experience as I do know how things are set up here.

If you change the trust agreement
what trust agreement you are pinning your hopes on?

No but i seen others do this and reclaim the title. This is a relative new process since all this redemption stuff has kicked off properly in the last couple of years.
and there's that word again redemption.....