mortgage document registration fraud

Can you say precisely the order you have asked the court to make?

ref to attachment to form N244, i have put, The reply to the order is dated 9.8.10 it states at para 15 the claimant seeks an order from the court ,that the court confirms the defendants documents they presented to the court ref case no NG571463 have no validity. The use of these documents breached article 6 of the european convention of human rights mr camps did not have a fair hearing

Hi Glen,

Unfortunately it is difficult to determine what your exact question is. Could you confirm that the following is correct and provide some more information.

1.  A business/company mortgage was secured against your property by way of a 2nd charge. Is this correct?

2.  You failed to keep up with the repayments under this mortgage and the bank repossessed the property. Is this correct?

3.  You have discovered that the bank changed the date on the mortgage. Do you know why they did this?

4.   You now want to try to bring an action against the bank. What are you asking the court to do? What loss have you suffered?

If you could provide some further information someone may be able to provide you with an answer or some further guidance.

gerard thanks for reply.the mortgage on my home and company was held by midland bank in april 1986.the company mortgage was to be took over by yorkshire bank,the companies registered charges were discharged from l/reg and m/bank on 8.4.1986 using my home a 2nd legal charge dated 9/4/86 executed as a deed was given to secure the company mortgage now held by the y/bank.The y/bank has the chargee did not register or rectify their charges in line with the 1985 companies act,they simply waited nearly a year then altered the date of creation of the charge on their mortgage documents and sent them to c/house for registration they then applied to the l/reg to register their 2nd charge no2 bank manager made a negligent statement to me i was made bankrupt iad the bankruptcy anulled the branch was going to refinance the business but head office appointed receivers using the2nd charge.no3 bank failed to comply with law of the 1985 c/act bank confirmed their acts to me in their letter dated 5/12/03 in august 09 l/reg lawyer and assistant registrar confirmed they made mistakes and errors while registering the banks 2nd charge they both concealed their acts from me.no4 i have presented the facts to the court to obtain an order that the court confirms the documents used by the bank at hearing to repossess my home had no validity.judge says strike out the claim it shows no cause of fact or law,bank was in full knowledge of how they obtained their docs they used at posession hearing ,articl 6 h/rights act i did not have a fair trial.i think the action of the bank invalidated their mortgage contract.thank glenn

ian thanks for reply.theres a lot of documents to this file basically i have discovered the yorkshire bank as the chargee created charges over my companies properties using my home i gave a 2nd charge to secure the company mortgage. bank failed to register their charges within the rules of 1985 companies act.in august 09 l/registry lawyer and assistant registrar confirmed they made mistakes and errors in recording and registering the banks 2nd charge,bank used the charge to repossess my home.i have asked the court for an order that the court confirms the documents used by the bank have no validity the bank were in full knowledge of how they obtained the documents they used at court hearing.under article 6 human rights act i did not have a fair hearing. thanks glenn

As I understand this you were the owner of a limited company. That company borrowed money from Yorkshire Bank which was secured on the company's assets. In addition the bank took a charge over the house in which you lived.

The charge given by the company should have been registered at Companies House within 21 days of it's creation under what was then section 395 of the Companies Act 1985.

If such a charge is not registered in time the chargee can apply to the court for an order to register.

The effect of non registration does not invalidate the charge in it's entirety. It is rendered void so far as the security is concerned as against a liquidator of the company, an administrator of the company and any of it's creditors.

It is not clear to me from what you have said precisely what has happened but you appear to be alleging that the bank fraudulently altered documents to enable them to be registered.

The charge on your home would have been a separate document from the one used for the company charge.This should have been registered at the Land Registry. However there is no time limit on registration and a document signed years ago can still be registered now without penalty.

I assume it was this document which formed the basis of the bank's claim for possession of your home if payments were not made to the bank.

You do not seem to be saying that there was any irregularity with this document except that it was registered some time after it's creation. As I mentioned above late registration will not invalidate this charge in itself.

Even if the charge given by the company proved to be void - and I cannot say whether it was or was not without seeing exactly what is being alleged and the responses to those allegations - it was not this charge on which the bank relied to seek possession.

ian thanks for your reply.please bear with me. the y/bank paid off company mortgage held by m/bank in april 1986,i gave a 2nd charge to secure company mortgage date of charge 9/4/86.the y/bank document says legal mortgage by owner to secure customers account,owner as executed this deed on 9/4/86.at part 11 the costomer is the company name,the bank had created charges over the company properties on 9/4/86.the bank did not register or rectify their charges in 86 there are no 395 forms dated for the company dated 86.did this act by the bank invalidate their mortgage agreement.the bank and their solicitors waited nearly a year then sent mortgage documents with the date of creation of their charge over the company properties has 18/3/1987 this date is on the 395 forms.i signed the mortgage documents in 1986 not 1987,i think the bank used photo copies of the 86 signatures and attached them to their mortgage documents.the banks letter to me dated 5/12/03 state they instructed solicitors to pay off company mortgage in march 1986.the l/reg charges register shows charge dated 9/4/86 registered on 23/4/87.l/reg letters state the application to register the charge was not made until 1987,i know no time limit but l/reg lawyer states they made mistakes errors  and alterations in the process of registering and recording the charge they say they did not inform me because it had nothing to do with me. in my opinion the 2nd charge was part of the y/banks mortgage agreement.both the bank and l/reg concealed their acts from me and the company.to repossess my home bank used the 2nd charge and their affidavit which states legal charge dated 9/4/86 in the court in the full knowledge of how they obtained the mortgage documents. ian dont seem legal to me thanks glenn

As I see this the bank lent your company money.

It sought to secure that debt over the company's assets.

Presumably you as the major shareholder and director guaranteed repayment of the loan if the company defaulted. You charged your home to secure that debt.

It seems there is a question over the registration of the company's charge at companies house.

Even if you could show the charge was void and I am by no means certain that you can, the debt remains. The bank would have lost it's security and would then be an unsecured creditor on the winding up of the company.

However the bank could still rely on your guarantee and this is what they appear to have done.

Sorry but this how I see it.

ian thanks for reply. the bank created charges over the company properties on 9/4/86 as shown on the banks 2nd charge document.bank did not register their charges then failed to apply to the court to rectify their charges under the 1985 companies act.the bank then waited nearly a year then sent mortgage documents to c/house with a different date of creation of the charge as 18/3/87  over my company properties.the mortgage documenta were signed in 1986 not 1987 asnow shown on banks mortgage documents.this act   by the bank was concealed from the director and the company.does this act by the bank invalidate their mortgage contract   .thanks glenn         

Can you e-mail me the letter you had from the bank which sought to explain their actions.

icox@s-law.co.uk