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TGBMS: The Time Is Nigh

TomResist

There are few moments in life, even if one is blessed with a generally fortunate existence, when many seemingly disparate phenomena synchronistically fall into place, giving rise to opportunities, both daunting and alluring, which are very unlikely to present themselves ever again.

That type of moment has now been chrystalising in slow motion for one year, during which time I have spent almost every hour I haven’t been lucky enough to spend with my wife and daughter, grafting my way through seemingly incessant 18 hour days, in preparation for the extraordinary opportunities which are presenting themselves.

The last time this occurred was in the aftermath of what happened in America on 11/09/2001, following which I had a period of unprecedented success in my career as an independent filmmaker and freelance writer, as the world descended into the chaos from which it has still not recovered.

Needless to say, since I currently find myself on the cusp of similarly rapid upward trajectory, albeit despite the erstwhile attempts by the establishment to “blacklist” my work in all its forms, during perhaps the most troublesome times of this lifetime; there does, nevertheless, seem to be a correlation between times of potentially catastrophic geopolitical conflict and my opportunities for progress in this life, which is somewhat ironic when one considers that I have spent most of the last fifteen years speaking out against the puppet governments and multinational corporations which profit from the waging of perpetual war for profit; whilst I have never been on anybody’s payroll and never will be.
What you see is what you get, whether you love it, loathe it, or it leaves you stone cold with abject ambivalence. Nevertheless, be certain of one thing – the “it” in the case of The Great British Mortgage Swindle, perhaps above almost all others, simply cannot be ignored, for the simple reason that the shocking crimes it exposes affect more than 40 million people currently living in void mortgaged properties on these islands alone. The time is most definitely nigh.

Civil War: The People v The Banks

As most, if not everybody who follows my work, already knows, my father and I have spent the better part of the past six years engaged in a legal dispute with Bank of Scotland and its illegally appointed LPA Receivers, during which time we were banned from virtually every one of her majesty’s courts for two years, under the terms of an illegal order for civil restraint, for nothing more than demanding the statutory law of mortgages be applied correctly, rather than selectively, in favour of what is left of the largely nationalised UK banks.

 What few people know, however, is that, whilst we infamously lost our first claim against the bank and its pirates in the high court in Newcastle, a little over five years ago, we actually went on to win the right to an administrative default judgment over the same issues, in the same court, in early December 2013, after the defendants to the claim [that they lied under oath to procure said original judgment] failed to file any kind of defence in the allotted time, despite having acknowledged service of the claim, stating that it would be vigorously defended with an application to have the claim form and particulars of claim struck out as being totally without merit.

However, in the week it became incumbent upon the high court to issue that default judgment upon the application of the trustees, an unscrupulous man called Behrens, acting as a high court judge, made “an order of the court’s own motion”, striking the claim out as totally without merit, even though the bank and its receivers had emphatically forfeited the claim to the trustees, under the Civil Procedure Rules relating to default judgments.

In other words, if any order of the court’s own motion was to be made, it could only have rightly been an order granting default judgment to the trustees.

 
How convenient it was for that same judge that the terms of the illegal extended civil restraint order, issued by Norris J at “a hearing for directions only”, meant that we had to seek the former’s permission to challenge his own criminal decision, which he refused repeatedly on paper and without a hearing.
 
When the bank finally issued a claim against the trustees for the illegal recovery of £2.5m in compound interest payments, without either a valid contract or a valid deed to enforce, the receivers set about illegally disposing of nine of the trust’s properties, leaving only my sister’s house and a building containing ten flats and gym under their receivership. Under the terms of a previous agreement, my parents’ house, which is also technically part of the trust, cannot be claimed by the bank until every other trust property has been sold.
Nevertheless, the solicitors for the bank applied to the high court to have my parents held personally liable for the debts of the trust, having failed to disclose a letter they issued near the beginning of the dispute, which unequivocally stated that the bank would not be holding the trustees personally liable for those debts.
Once this damning piece of evidence had been disclosed to Behrens in the high court, he refused to allow it to be held as evidence and granted the bank’s application to hold my parents as being personally liable.
 

Whether he realised the veracity of the following facts or not, since my sister, as a beneficiary of the trust, is a tenant for life in her property and cannot be removed, even if it is illegally sold to an innocent third party, the value of her home, which comes with a sitting tenant in the form of a family of four, knocked 85% off the receivers’ original valuation of £235K. My mother is in exactly the same position with regard to my parents’ home, which has been valued in excess of £750K.

As a direct result of taking these legal and equitable precautions before any dispute arose, the threat to their properties gradually abated, during which time the following things also transpired:

1. A private criminal prosecution, initially against the receivers for fraud by false representation, was stayed after two preliminary hearings before two district judges, on the grounds that the civil courts had dismissed our allegations as “vexatious” and none of the mortgages had at that time [July 2013] been canceled as void and illegal by the chief land registrar.

2. My father then won summary high court judgment in the bank’s claim against the trustees, which entirely vindicated our persistent argument that a mortgage deed does nothing if it is not properly executed and witnessed, under the provisions of section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989. This was also the main point in our Fraud Upon The Court claim, which was routinely dismissed by Norris J, on the day he issued an illegal extended civil restraint order against us, the day after we filed the claim.

3. Behrens, whom Norris appointed gatekeeper of the extent of our civil restraint, ordered that the void and illegal mortgage in question was still good as an equitable mortgage and an equitable mortgage contract, despite the fact that something cannot be based upon nothing IE a valid mortgage cannot be founded on an invalid one. This resulted in a retired trustee and a district judge, neither of whom were authorised to act, executing a new void mortgage, which could not be backdated to cover the terms of the illegal receiverships, but was negligently registered by the chief land registrar, who refused to accept that it was an entirely unlawful disposition when his position was legally challenged by the trustees.

4. In the light of this highly contradictory judgment, the property chamber, who were adjudicating over our application to the land registry to have the mortgage over the property canceled as a mistake in the register, ruled that the registrar had to give effect to our application, almost two years after it was originally made in the spring of 2013 – three months before the issue of the restraint order and nine months before Behrens dismissed the Fraud Upon The Court claim.

5. The void and illegal mortgage in question was finally removed from the charges register a little under a year ago, thereby providing sufficient grounds for the stay of our criminal proceedings to be lifted, since there was no mortgage under which receivers could be appointed on the date they were illegally appointed by the bank to manage the portfolio of void mortgaged properties.

6. The receivers foolishly failed to provide an offer of compensation for their illegal receiverships over the property concerned and illegally disposed of the building at a fire-sale auction in the autumn of 2015, after twice withdrawing it under the constant and unrelenting pressure of the trustees.

7. The trustees then applied for the stay of the criminal proceedings to be lifted and for the bank’s representatives to be added as defendants, on the basis that the one condition the presiding district judge laid down for lifting the stay had been satisfied – one of the mortgages the defendants claimed under oath they had legally certified as being valid, had been canceled by the chief land registrar for failing to comply with the law on its face.

8. Following the expiry of the illegal  civil restraint, the trustees filed a fresh claim at the high court in Newcastle, in an application to have the bogus order of the court’s own motion set aside and for default judgment to be issued to the trustees, as is their right, which would result in the reversals of every high court and court of appeal order that has gone against them since the 22nd of October 2010.

9. Last week, we received notification that the receivers have resigned from their illegal receiverships of my sister’s property, which, finally, means that my family is free from the threat of losing their homes, as the bank does not intend to appoint any other receivers over either of the remaining properties [the other one being my parents’ home].

10. We have not received any sort of threatening correspondence or demands, whether from the solicitors for the bank or their receivers, since the summer of 2014, despite the fact that they emptily threatened us all with bankruptcy for refusing to pay ten of thousands in illegal costs, more than twenty months ago.

Suffice to say, white collar criminals tend to run for the hills at the first sign they might lose all their ill-gotten gains, especially when our defensive actions have been far more potent than the flagrantly dishonest aggressions of the bank’s solicitors, who specialise in destroying the lives and businesses of their clients’ legal adversaries.

Happily, we have something in our armory that no amount of bribery and corruption could ever hope to buy – the unshakable and genuine conviction that we will eventually win the case by relentlessly charging back at our aggressors at the most unexpected of times, armed with the facts and the facts alone, which the bank and its receivers are incapable of attempting to rebut with anything other than the outright lies of their legal representatives.
 

There is simply no purpose in allowing such professional guttersnipes to continue trading their treachery for financial gain, whether on these shores or anywhere else upon the Earth, except to knowingly or unknowingly let them act as a deflective shield for the aristocratic criminal hierarchy they protect. Is this really the type of world you want to leave to your children?

It looks like the next twelve months will be one bumpy trip after another, on the uninsurable roller-coaster ride I love to call living, in the totalitarian police state which was once once the most gloriously free and abundantly harmonious place to live upon the face of the Earth.

I will, nevertheless, continue to strive towards the evolution of the state of grace between the wise philosophy and visionary foresight of my ancestors; and my instinctive, whole-hearted embrace of Anarcho-Nationalism, which can only rightly be defined thus:

ANARCHO-NATIONALISM: An apolitical philosophical ethos founded on the principles of self-determination, self-ownership and non-aggression, placing the rights of every individual above those of any collective of those individuals.

An Anarcho-Nation is merely an autonomous or sovereign nation state, community or an Anarcho-Micronation, consisting of consenting, self-governed individuals, bound by common unity, established by agreeing upon the ways in which life should be organised, protected and maintained, which the ethos dictates must be free from authoritarian rule or any other form of centralised government.

Now that it is clear [at least to a few of us] that the argument for anarchy is the moral argument, let this be the year that the anarchists of the world to begin to unite under one divine maxim:

My rights end only where yours begin.

Or, in other words that nobody can fail to understand:

Do no harm, but take no shit
You never know – even if it takes 200 years, it might catch on. 🙂 In any event, best wishes to every one of you and your families, wherever you may be, whatever philosophy or world view you hold dear. Much love from the Bernician.
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