Here lies yet more [yes, more!] tremendous TGBMS news, as major progress has been made in an AP1 application to the Land Registry, for the purposes of cancelling the entry of a fraudulent mortgage in the register.
A man I have known for ten years has used the TGBMS Grounds to completely turn around the fortunes of another friend’s defence of a void mortgage possession claim.
Since the bankster in question is attempting to enforce a fraudulent possession order, my friends have applied to the Land Registry to cancel the illegal mortgage, on the grounds that:
1. There is no valid mortgage deed that was signed in the presence of an independent witness.
2. There is no valid mortgage contract that was signed by the mortgagor and the mortgagee.
After initially refusing the application, my friend challenged the decision, rebutting the LR’s reasons for refusing it, point for point.
This resulted in the local Land Registrar passing the application to the Chief Land Registrar for adjudication, which only ever transpires when the former is convinced that an application has merit but the decision to grant it can only be made by the CLR.
To put this in context, over the course of the past five years I have seen dozens of similar applications refused, relying on exactly the same grounds. Not one of them was referred to the Chief Land Registrar. Not even our successful AP1 application to cancel the first void mortgage in the spring of 2013.
Judgment Day In The County Court
Meanwhile, a hearing has been listed to take place in the County Court on the 17th of this month, when my friends’ N244 application to strike out the possession order on the TGBMS Grounds will be heard.
In the event the bankster cannot produce to the court the mortgage documents which we already know don’t exist, the judge will have no choice but to strike out their fraudulent mortgage possession claim and the Land Registry will duly cancel the fraudulent entry in the Charges Register.
The extraordinary turnaround has been achieved simply by carefully following the TGBMS: Next Steps guide, which is available to all TGBMS Mailing List subscribers. You can sign-up at the link below.
Huge credit to due to my friends for leading the way forward, by using the layman’s guide to cancelling illegal mortgages in exactly the way it was intended to be used.
Watch this space for further updates.
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