TGBMS Class Actions | Chief Land Registrar Responds to Particulars of Claim
Within a week of being served with the Particulars of Claim, in the first class action to end fraudulent mortgage registration, the Chief Land Registrar responded to our proposal that he should concede by digging his heels in and refusing to do so.
However, his defence is entirely dependent upon the common practice of fraudulent mortgage registration being allowed to continue, in spite of the irrefutable evidence that all such dispositions of an interest in land are automatically illegal and void at law.
Nevertheless, the CLR will receive our response to his latest missive next week, which will summarise the reasons why his position is simply not sustained by either the law or the facts of the matter.
Fraud Unravels All
In the most simplistic of terms, fraud unravels all, including fraudulent mortgage registration, whether the CLR is prepared to accept that or not at this juncture.
Having said that, it is also more than likely that he has been advised that he must take this adversarial position by his legal team, in the hope that the high court will not let such a potentially costly action for the crown proceed.
History Repeating Itself
However, that is exactly what we were told a decade ago, when Nelson Trust took on the epic task of obtaining the cancellation of the first void mortgage, which transpired after the summary judgment victory on the section 1 point in July 2014.
It is somewhat worthy of note that the former Durham Land Registrar, who repeatedly rejected our AP1 applications to rectify the register on the same grounds, resigned shortly before this was finally carried out by his assistant in January 2015.
Filing of Claim
We are therefore confidently gearing up to file the first TGBMS Class Action into the high court at the earliest opportunity.
This will happen following delivery of one final attempt to persuade the CLR that he will become jointly liable for the frauds alleged, if he refuses to cease fraudulent mortgage registration with immediate effect.
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