Here are the questions which would inevitably lead to the exposure of the nature and extent of the institutionalised Land Registration swindle, in the event that an executive officer of the Land Registry gives honest answers to them..
1. What is the only legal mortgage registration requirement for a mortgagee?
To register a legally valid and enforceable mortgage or charge over the property concerned.
2. Is it true that a mortgagor is only capable of granting a legal charge if he is registered as the proprietor of the property concerned, or entitled to be having completed the purchase of it?
Yes, under section 24 of the Land Registration Act 2002.
3. Does a mortgage deed have to signed by a mortgagor in the presence of a witness, who must attest to the signature?
Yes, under section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989.
4. Under the provisions of that section of the 1989 Act, can the Land Registry register a legal mortgage that is not dated?
No, that is impossible at law
5. Since that’s not possible, is it not the case that an undated deed is void and illegal, whereas a dated deed that is properly made and delivered as a deed, in accordance with section 1 of the 1989 Act, is legally valid and capable of registration?
Yes, that is the case.
6. Do you agree, then, that adding the date after signature constitutes a material alteration of the deed, on the ground that the alteration transforms a void and illegal deed into a legal charge that is capable of registration on its face?
Yes, on the basis that it would be illegal to register it if it wasn’t dated.
7. Do the staff at the LR presume that the date on every mortgage deed is the date upon which the mortgagor signed the legal charge deed?
Yes, that is the general presumption.
8. Despite this, is it not the case that it has long been the common practice of conveyancing solicitors, who work for both parties in every mortgage transaction, to advise mortgagors to sign the deed before they own the property concerned and to leave the date blank?
Yes, it is standard practice for the solicitor to fill the date in on the day the loan of monies is received by the mortgagor.
9. Does that not render all such mortgage deeds void under section 52(1) of the Law of Property Act 1925, in the absence of completion at the moment of execution?
Yes, it does, on the ground that no material alterations can be made to the deed after signature.
10. Is it not also the case that no mortgage or charge can arise without a mortgage contract being signed by both parties, which must contain all terms in a single document?
Yes, as per the Court of Appeal decision in United Bank of Kuwait v Sahib .
Rather seamlessly, here are the questions which would lay bare the nature and extent of institutionalised mortgage fraud, in the event an executive officer of any UK bank gives honest answers to them.
1. How does the bank lend money to borrowers?
By transferring credit from the account of the bank to the account of the borrower.
2. Does it lend its own money?
No, it doesn’t.
3. What is the origin of the funds being credited to a borrower’s account by the bank?
A deposit in the bank’s account.
4. Does the bank receive a credit to its account to the value of every legal mortgage granted by its borrowers?
Yes, that is standard practice for every loan.
5. Is it not true, then, that the deposit of a borrower’s legal mortgage [a valuable security] creates the credit which provides the funds for a purported loan of monies?
Yes, every time.
6. Does the bank incur any actual material losses as a result of entering into each mortgage transaction?
Only modest administration and legal costs, which may not amount to more than a few hundred pounds in most cases.
7. Does this not constitute the legal definition of unjust enrichment, on the ground that the bank is fraudulently lending back to the borrower his own credit at compound interest?
Yes, it does.
8. Does the law not dictate that mortgagors are not capable of granting a mortgage over a property they don’t yet own?
Yes, under section 24 of the Land Registration Act 2002, only registered proprietors or owners can grant a mortgage or charge.
9. Why does the bank insist that all mortgage-related documents must be executed and delivered to the bank by the mortgagor before any loan can take place?
Because the borrower’s promise to pay back the loan, in the form of a legal mortgage, is required to create the funds.
10. Does this endemic state of affairs comprise the common practice of institutionalised mortgage fraud?
Yes, it does. Emfeckingphatically!!!