The HALIFAX - A Failure In The Appeal Courtgreenspun.com : LUSENET : Repossession : One Thread
THE TIMES LAW REPORT - THURSDAY OCTOBER 26 2000 "Owners retain equitable interest after fraud"
The Halifax PLC fail in the Court of Appeal.
Full report at:
In my opinion, I would think that the 'Lazarus Estates Ltd. -v- Beasley' quote by Denning LJ (It can be found on the HRP web Site under Repossession:Laws relating to mortgage shortfall claims) would also have been applicable in this case.
-- Tony Hayter (Tony@Hayter.com), October 30, 2000
Well spotted Tony Hayter !
I think this 'attempt' by the Halifax to hang on to property which was mortgaged with them via fraud, for which the original owners apparently hadn't received a penny, is nothing short of despicable ! How much did the Halifax make last year, this could have been easily written off against profits. It is however, I believe, indicative, of the 'grubby, & grabby, behaviour of the banks and building societies. This demonstrates their true colours and should be borne in mind at all times when dealing with them.
Remind me, what was the name of that pontificating Chairman/CEO quoted in 'The Sun' the other week, and which building society/bank was it ?
Best wishes - Vic
-- Vic Harper (firstname.lastname@example.org), October 30, 2000.
Comments on The Home Repossession Page (made possible by Loquacious) ---------------------------------------------------------------------- ----------
We tend to forget that many of theses documents ie deeds which the lawyers tend to use as evidence ,are signed many a time without the person having full knowledge of what they are signing. Many are signed in what they call Escrow (undated and awaiting the lawyers to sign ) this covers both Mortgage and remortgage. The Mig they refer to are policies which the client never sees(unlike any other insurance policy)Just look at thre PIA regulations for all those that have to sell them. So the client can also have the same firm acting for them ,conflicts of interest can occur,but the signing and completion is done without there Knowledge, The mortgage industry is not regulated like the others PIA etc and the lawyers tend to work in two camps -those who are firms in there own right and those that are employed by the mortgage companies-so they have more interest in there company policy as duty to there employers ,than to The Law or the Solicitors Practice Procedures! The law is then used against the client and the basis of (untill proved guilty)? The figures do not matter,but if they were for Vat or Tax purposes in any other field they would have to account and be called to account
The lawyers just throw the figures in and should there be a mistake in the court,they use the process called the SLIP RULE to correct mistakes.
Yet the client has no such justice no such legal security and no wonder they get mad
this is just part of the story, im sure it is familiar to many who have been there. There has to be changes in the law on many of these, we are not protecting the very legal process we are so proud of in this country and how long will it be before someone goes to the Court OF Human Rights on these and other related issuses
listened -read- and noted all on this page! Charles
Contributed by Charles Twford (Charles.email@example.com) on January 31, 1999.
This was on the Abbey Comments Page and shows you the attitude of the Legal System in this Country when i wrote it i had seen and witnessed Fraud first hand in the Courts and how it was ignored,i am not surprised at this Judgment but its only the tip of the iceberg
-- charles twford (firstname.lastname@example.org), October 31, 2000.
Halifax, like other lenders, give the warning that 'Your home may be at risk if you do not keep up repayments on it'. They ought to add, that they in addition reserve the right to suck you into a nightmare of epic proportions. In my case, my lender might have said 'Your home will be at risk.....and we will hound you into the ground for up to 12 years, make you depressed, ruin your personal relationships, grind your children into poverty and invade your family's privacy...'. Oh no, hang on, it's all just a nightmare. (Isn't it?)
-- Eleanor Scott (email@example.com), November 04, 2000.
You wake up from a Nightmare,This is living HELL!!!!
-- charles twford (firstname.lastname@example.org), November 04, 2000.