Mortgage Void POA Power of Attorney claims are unenforceable, see Scott v Southern Pacific Mortgages & Others [2014] UKSC 52. “A purchaser of land does not have sufficient interest in property to confer an equitable proprietary right before completion of sale.”

For the benefit of all void mortgagors, here is a summary of the Section 1(3) Point & the unenforceable Power of Attorney clause in the unenforceable mortgage conditions.

The date of mortgage execution is the date of signature, when the deed [the “it” in section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989] must be complete, as per R [Mercury Tax Group] v HMRC and Bank Of Scotland (BOS) v Waugh & others.

So nothing, whether it be terms [as in Mercury], or the correct name of the mortgagor [BOS v Waugh], necessarily including the correct date of the execution … Can be added subsequent to the moment it is signed by the mortgagor

Which is almost always at a time when they do not have the legal or equitable right to convey an interest in the property concerned.

As per the points laid out in Supreme Court ruling, Scott v Southern Pacific Mortgages & Others [2014] UKSC 52.

This illegal disposition comprises the actual physical deed which would render the entire transaction void ab initio (from the beginning) and fraudulent in nature.

Even in the seemingly unlikely event that the rest of the mortgage transaction was properly executed…

This fraud results from illegal actions by every void mortgagor’s conveyancing solicitor… You should have been advised that you were neither the borrower of the beneficial owner at the time you granted a mortgage over property you did not yet own.

Mortgage Void POA Power of Attorney

Perhaps there’s grounds for a professional negligence claim against their insurance policies, from the moment you suffer any loss… Losses by for participating in an entirely criminal institutionalised fraud without full disclosure.

An other point in BOS v Waugh is timing of the purported power of attorney granted in the mortgage conditions. Often the conveyancing solicitor illegally adds the date on the day of the purported mortgage advance.

Without a stand-alone POA deed, which must comply with the terms of the Powers of Attorney Act 1971, it’s unenforceable

Don’t fall into default on mortgage payments, believing that’s the only claim the mortgagee will ever make against a mortgagor.

Take that option away from the banksters, and they have no identifiable cause of action to issue possession proceedings. That’s their modus operandi from the moment of illegal execution of the void mortgage documents.

If behind with your payments, you could send the mortgagee a notice requiring  confirmation of arrears capitalized. But only they’ve issued a statutory demand for payment of the full balance allegedly due and outstanding.

In all likelihood, the bank’s solicitors will confirm that the arrears are capitalised, in accordance with standard practice… So use BOS v McGready as your defence of the illegal possession claim in court.

On the grounds that:

  • McGready established the point that unilateral capitalisation of interest arrears is both unconscionable and illegal.
  • The mortgagee claiming an amount without the contractual, equitable or statutory right to claim, both dishonestly and negligently.
  • And now the bank’s directors and their lawyers are civilly and criminally liable.

Do your own research – this is not legal advice.

Source: The Self-Realisation Community