The bank’s claim in any foreclosure case, is entirely reliant upon a "purported contract for mortgages in the future being valid". However, the document in question, which takes the form of a Facility (Offer & Acceptance) Letter, is 99.9% of the time NEVER signed by a representative of the bank, rendering it (in the UK) void ab initio under Section 2 of The Law of Property (Miscellaneous Provisions) Act 1989, in accordance with United Bank of Kuwait v Sahib, Murray v Guinness, Lloyds v Bryant and Keay v Morris Homes; as well as the principles laid down by Neuberger MR in Helden v Strathmore; namely, that a contract for the granting or mortgages in the future is caught by Section 2 of The Law of Property (Miscellaneous Provisions) Act 1989
After the "Closing" on the initial note which you gave to the bank, the bank's document processing admin staff altered the nature of the contract which is a contract "uberrimae fidei," by not only hiding "Power(s) within the loan agreement without telling you, but by also attaching an "allonge" to the note. In effect they enclosed a "secret power of attorney" allowing them to do whatever they wished when they wished. This is counter to the Law of Contract and morally reprehensible. "Alteration” means under UCC § 3-407(i) an unauthorized change in an instrument or promissory note that purports to modify in any respect the obligation of a party, or (ii) an unauthorized addition of words or numbers or other change to an incomplete instrument or promissory note relating to the obligation of a party results in: -
Step 1: Fraud in the Inducement “… is intended to and which does cause one to execute an instrument, or make an agreement...The misrepresentation involved does not mislead one as the paper he signs but rather misleads as to the true facts of a situation, and the false impression it causes is a basis of a decision to sign or render a judgement” Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s Educational Series, Inc., 2003, s.v.: ‘Fraud’.
Step 2: Fraud in Fact by Deceit (Obfuscation and Denial) and Theft “ACTUAL FRAUD. Deceit. Concealing something or making a false representation with an evil intent [scanter] when it causes injury to another…”. Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s Educational Series, Inc., 2003, s.v.: ‘Fraud’.
“THE TORT OF FRAUDULENT DECEIT… The elements of actionable deceit are: A false representation of a material fact made with knowledge of its falsity, or recklessly, or without reasonable grounds for believing its truth, and with intent to induce reliance thereon, on which plaintiff justifiably relies on his injury…”. Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s Educational Series, Inc., 2003, s.v.: ‘Deceit’.
...participated in a Criminal Fraud. So as if all the previous wasn't bad enough...you were encouraged to participate in the fraud. How? Well you seem to have pledged a property which you did not own or have any equitable or legal interest in as "security for a loan of money". The law states that "One cannot give a better title than one has, and also "nothing of value can be born of fraud".
Step 3: Theft by Deception and Fraudulent Conveyance “FRAUDULENT CONCEALMENT… Defined as.."The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose…”. “The test of whether failure to disclose material facts constitutes fraud is the existence of a duty, legal or equitable, arising from the relation of the parties: failure to disclose a material fact with intent to mislead or defraud under such circumstances being equivalent to an actual ‘fraudulent concealment’…”. To suspend running of limitations, it means the employment of artifice, planned to prevent inquiry or escape investigation and mislead or hinder acquirement of information disclosing a right of action, and acts relied on must be of an affirmative character and fraudulent…”. Source: Black, Henry Campbell, M.A., Black’s Law Dictionary’, Revised 4th Edition, St Paul: West Publishing Company, 1968, s.v. ‘Fraudulent Concealment’.
FRAUDULENT CONVEYANCE: A conveyance or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach…”. “Conveyance made with intent to avoid some duty or debt due by or incumbent or person (entity) making transfer…”. -
"The bank, your bank, never loaned you any money and we can prove it did not!" The following facts are presented here to help you better understand the "Terms & Conditions" and the nature of the supposed loan transaction which you entered into, in good faith. You believed, we suppose, that you had been “loaned” another depositor’s money, which if you failed to repay said loan, then someone else, just like you, would suffer a loss. You were morally and socially BLACKMAILED into a belief which was not true. You were led to believe this as a FACT. If it was TRUE or had been true, then all well and good, BUT if not then it amounts to a crime and the perpetrator’s need to be jailed for the fraud, as well as conspiracy to defraud, correct? This also goes for "The Frauditors" who are complicit as well as the lawyers and judges who full well know the extent of the “money deception”. In reality, though, it was YOU who provided an “exchange of value” at the banker’s table. What was then practiced upon you was to make you think that you had provided NO VALUE AT ALL. This is the deceit. This is the trickery. This is the fraud! This is the misrepresentation! This is the passing off of “nothing” as being something of value. The Buddhists would say it is, “Like deceiving a child with an empty hand!” It is the biggest trick which was ever played upon you all and it has been done to such an effect, and for such a time that none of you believe that it is possible for so many to have fallen for it for so long, and to such a massive extent!
G.A.A.P. stands for Generally Accepted Accounting Practices, I.F.R.S. International Financial Reporting Standards. The E.C.B. the Bank of England and all High Street banks must be GAAP and IFRS compliant. Are they?
If you offer to pay in lawful money and the person entitled to enforce "refuses the tender" then there is a discharge of the obligation.
UCC Article 3 - 603 (a) states
(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.(c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.