Response to Having trouble with Eagle Star or their Solicitors?? or have they not signed your deeds and repossessing your family home, let me know!!

Hi Roger

The significance in the Mortgage Deeds or the Contract or Disposition not being signed by both parties may well be the biggest problem to hit lenders of all time.

On the 27th September 1989 the Law Changed, and there was a new statute: The law of Property (Miscelaneous) Act 1989 Section 2(1)which says that: "A contract for the sale or other disposition of an interest in land can only be made in writing and only incorporating all the terms which the parties have expressly agreed in one document, or where contracts are exchanged in each" Section 2(3) says: "The document incorporating all the terms or, where contracts are exchanged, one of the documents incorporating them (but not necessarily the same one) must be signed by each party. Section 2(6) Says: "Disposition" has the same meaning as in the Law of property act 1925 (i.e. pre 27th September 1989) The Law of Property Act 1925 to which it refers says @ section 1(ii)that a "Conveyance includes a "Mortgage" and a "Mortgage" includes a "Disposition"

The nuts and bolts of this argument (which is being tested through the court of appeal) is that if your mortgage does not have the lenders signature on it (but only if it was signed after 27th September 1989) may well not be valid or at least it may not be enforcable i.e. the lender may not be able to repossess you home, (although you may still owe the monies borrowed) if successful there may be millions of people who may have a claim against lenders who have repossessed their homes illegally or be guilty of trespass. At the moment this is a very grey area and we will not know the answer to this until it has fully been tested through the court of appeal (where we are now on a possible re-hearing)if not, then the House of Lords (if leave is given) if it is not given or the application fails we intend to take it to Europe, There is also a seperate issue in breaches and violations of our Human Rights under article 6 and or article 8 of the Human Rights Act and the right to a fair trial (but thats another story) so it could be very good news for borrowers and very, very, very, very bad news for lenders)as most lenders do not sign their mortgages, their mortgages are created by way of customer practice rather than the new law that came in on the 27th September 1989!!! watch this space

Regards Nigel Green

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