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Mortgage Fraud Help Please!
bonita21
Posts: 2 Newbie
We would be very grateful if you could provide your comments and
assistance in this following matter:
My elderly parents aged 63 and 58
have been victims of mortage fraud and whereas the mortgage company
Swift First are not disputing the fraud they are now underhandedly
relying on land registry law section 58:
A fundamental principle of registered conveyancing has always been that
registration vests the legal estate in the registered proprietor.
Section 58 provides for the continuation of that principle so that if,
for example, a person is registered as proprietor on the strength of a
forged transfer, the legal estate would nevertheless vest in the
transferee by virtue of registration. Subsection (2) is designed to
prevent subsection (1) overriding the rule in relation to registrable
dispositions that a disposition only operates at law when all the
relevant registration requirements have been met (i.e. entry of the
disponee in the register as proprietor may not always be the only
requirement). The legal estate will not vest in the transferee until
all of the appropriate requirements for registration set out in
Schedule 2 have been met.
My parents have been defrauded several times by my estranged husband
who used to live with them
and because of their poor English reading,writing and conversational
skills they were vulnerable and have been taken advantage of. We have
had a handwriting expert confirm that my parents signatures were not
genuine, my mother has a ticket that states she was not even in the
country at the time the mortgage agreement took place and they have so
much evidence that proves their innocence even a speakwith cd from
Swift First which they stated was my parents has been proven NOT being
their voices.
My parents stand to lose everything they have ever worked for not only
will they lose their home but Swift are also pursuing court costs
against them.
Surely if it has been proven that they were victims of fraud and not
their signatures that should make all contracts null and void.
If they lose their home this would expose the unreliability of the
Land Regisrty being implemented to protect them as now we are facing
the prospects of them losing their homes due to Land Registration Act
negligence!
How can I ensure my innocent parents are protected from this ordeal as
I am slowly losing my faith in the justice system,where legal loopholes
allow innocent victims to lose their homes especially given the current
climate this country is in! I believe certain mortgage companies need
to be exposed and reviewed given the amount of repossessions that occur
due to irresponsible lending and if this is not exposed several people
will fall victim to these companies.
Here is a timelime of events and ordeals Swift First have put my parents through:
My father was a victim of mortgage fraud two years ago and we have been continuously battling Swift Advances ever since as my father did not sign the mortgage documents and we spent a lot of money on getting a handwriting expert to confirm that it was NOT my fathers signatures on the contract!
My father initially had a possession hearing in July 2007 where at the time as he has limited English skills he was not aware that he had a right to defend himself and the only solution he came to was selling his home and renting it back. The judge granted Swift a suspended possession order to allow the sale to through! I finally became aware of this situation in March 2008 when my father was sent an eviction notice I sought advice from the CAB who told me this could not happen! Since then I have communicated with Swift and we had a hearing to suspend the eviction in March to which Swift did not attend! The judge stayed the eviction however on the eviction date they attended my parents property and forced entry and damaged their locks causing a lot of stress and heartache! They then tried to evict my father again in September 2008 however when they saw a copy of the handwriting expert report they CANCELLED the eviction!!! But now yet again they have applied for another eviction on February 18,2009!! I am completely distraught and am at my wits end my father is a 62 year old diabetic man with a heart attack history he has lived in his home for 30+ years and he is being preyed on by these vultures! We have sought solicitor advice but our money is running out to pay them!! I have contacted the FOS but feel like I am runnig out of options. We recently received a letter from a mortgage broker stating the mortgage that was supposedly sold to my father was unaffordable as Swift Advances gave a 18 year mortgage to a 60 year old man paying £1,930 a month!! Please can anyone help and offer advice on stopping this eviction??
My father is supposedly two years in arrears as he never took out the mortgage he has never paid for it as it was taken out in September 2006. My father is the sole earner in the household he earns £1,200 per month but the mortgage repayments are £1,930 per month which exceeds his incomings which leaves me bewildered as to how they gave a mortgage like that! The police have been informed yet as it is under 250,000 they do not consider it to be a priority! Yet my father being in the streets is a priority to me! Swift should be held accountable for their actions and for even giving such a reckless and destroying mortgage to begin with!!! They NEVER met with my father nor spoke to him all they tell us was that everything was done via telephone,internet and post!! I am disgusted
My father is said to owe: 220,000 on the property the mortgage taken out was £191,000! The mortgage broker have recently sent a letter stating the mortgage sold was unaffordable!Swift even with the handwriting expert report non that is WAS NOT my fathers signatures on the contract are choosing to ignore it and have tried to evict my father 4 TIMES!!!
The money was taken by a family friend who would help my father with his financial matters due to him not understanding English very well! This is truly heartbreaking, I just can't make sense of it it is a nightmare!!
In the mortgage papers they even put that my mum was self employed and earning money when my mother hasn't worked since 1988!!
The only action they have taken is to evict my father they are unsympathetic and they cancelled the last eviction after seeing the handwriting expert report but refused to set aside judgement, the solicitors working for us required £6,000 in order to work on the case which is unaffordable in such a small space of time the are now reviewing the case to see if they can offer us a no win no fee deal but if that fails I believe my parents will be evicted! ]Now even though the situation remains unchanged they have obtained another eviction for just over a week I don't think I can cope for much longer!!
They stayed the last eviction in March 2008, Swift applied for another one in September 2008 and cancelled it following receipt of the handwriting expert!
Swift have never attended any court hearings their only solution is to keep bombarding my father with eviction notices or forcing entry into his home when the judge has stayed the eviction!
I have a handwriting expert report that states on a scale of 1-5 with 5 being the highest that the signatures rank a 4 as not being genuine
I have all four eviction notices swift have sent, I have a mortgage broker letter stating the mortgage provided was not affordable to my father so it should never have been given in the first place in my opinion! I have a letter from the court stating that if no further claim was made to the repossession order that the claim be struck out! Swift responded to this by applying for an eviction warrant! I have the solicitor letters that stated to Swift that my fathers situation remained unchanged and if they proceeded to enforce the september 16 warrant that they would apply to the court and seek to recover costs from swift as the handwriting report was favourable to my father upon seeing this swift cancelled the eviction! They have not requested any further information all they do is seek evictions!
I have letters from swift legal services stating if my father does not want to be evicted that he pay £45,600.00 in arrears!
I have a complaint form to the FOS highlighting Swifts unprofessional and bullying behaviour!
I am really at my wits end,they tried to enforce an eviction in March after it was stayed they drilled my parents locks and my father is now taking 9 tablets a day due to all this stress its unbearable and Swift should not be allowed to do this!
I hope you can help us
assistance in this following matter:
My elderly parents aged 63 and 58
have been victims of mortage fraud and whereas the mortgage company
Swift First are not disputing the fraud they are now underhandedly
relying on land registry law section 58:
A fundamental principle of registered conveyancing has always been that
registration vests the legal estate in the registered proprietor.
Section 58 provides for the continuation of that principle so that if,
for example, a person is registered as proprietor on the strength of a
forged transfer, the legal estate would nevertheless vest in the
transferee by virtue of registration. Subsection (2) is designed to
prevent subsection (1) overriding the rule in relation to registrable
dispositions that a disposition only operates at law when all the
relevant registration requirements have been met (i.e. entry of the
disponee in the register as proprietor may not always be the only
requirement). The legal estate will not vest in the transferee until
all of the appropriate requirements for registration set out in
Schedule 2 have been met.
My parents have been defrauded several times by my estranged husband
who used to live with them
and because of their poor English reading,writing and conversational
skills they were vulnerable and have been taken advantage of. We have
had a handwriting expert confirm that my parents signatures were not
genuine, my mother has a ticket that states she was not even in the
country at the time the mortgage agreement took place and they have so
much evidence that proves their innocence even a speakwith cd from
Swift First which they stated was my parents has been proven NOT being
their voices.
My parents stand to lose everything they have ever worked for not only
will they lose their home but Swift are also pursuing court costs
against them.
Surely if it has been proven that they were victims of fraud and not
their signatures that should make all contracts null and void.
If they lose their home this would expose the unreliability of the
Land Regisrty being implemented to protect them as now we are facing
the prospects of them losing their homes due to Land Registration Act
negligence!
How can I ensure my innocent parents are protected from this ordeal as
I am slowly losing my faith in the justice system,where legal loopholes
allow innocent victims to lose their homes especially given the current
climate this country is in! I believe certain mortgage companies need
to be exposed and reviewed given the amount of repossessions that occur
due to irresponsible lending and if this is not exposed several people
will fall victim to these companies.
Here is a timelime of events and ordeals Swift First have put my parents through:
My father was a victim of mortgage fraud two years ago and we have been continuously battling Swift Advances ever since as my father did not sign the mortgage documents and we spent a lot of money on getting a handwriting expert to confirm that it was NOT my fathers signatures on the contract!
My father initially had a possession hearing in July 2007 where at the time as he has limited English skills he was not aware that he had a right to defend himself and the only solution he came to was selling his home and renting it back. The judge granted Swift a suspended possession order to allow the sale to through! I finally became aware of this situation in March 2008 when my father was sent an eviction notice I sought advice from the CAB who told me this could not happen! Since then I have communicated with Swift and we had a hearing to suspend the eviction in March to which Swift did not attend! The judge stayed the eviction however on the eviction date they attended my parents property and forced entry and damaged their locks causing a lot of stress and heartache! They then tried to evict my father again in September 2008 however when they saw a copy of the handwriting expert report they CANCELLED the eviction!!! But now yet again they have applied for another eviction on February 18,2009!! I am completely distraught and am at my wits end my father is a 62 year old diabetic man with a heart attack history he has lived in his home for 30+ years and he is being preyed on by these vultures! We have sought solicitor advice but our money is running out to pay them!! I have contacted the FOS but feel like I am runnig out of options. We recently received a letter from a mortgage broker stating the mortgage that was supposedly sold to my father was unaffordable as Swift Advances gave a 18 year mortgage to a 60 year old man paying £1,930 a month!! Please can anyone help and offer advice on stopping this eviction??
My father is supposedly two years in arrears as he never took out the mortgage he has never paid for it as it was taken out in September 2006. My father is the sole earner in the household he earns £1,200 per month but the mortgage repayments are £1,930 per month which exceeds his incomings which leaves me bewildered as to how they gave a mortgage like that! The police have been informed yet as it is under 250,000 they do not consider it to be a priority! Yet my father being in the streets is a priority to me! Swift should be held accountable for their actions and for even giving such a reckless and destroying mortgage to begin with!!! They NEVER met with my father nor spoke to him all they tell us was that everything was done via telephone,internet and post!! I am disgusted
My father is said to owe: 220,000 on the property the mortgage taken out was £191,000! The mortgage broker have recently sent a letter stating the mortgage sold was unaffordable!Swift even with the handwriting expert report non that is WAS NOT my fathers signatures on the contract are choosing to ignore it and have tried to evict my father 4 TIMES!!!
The money was taken by a family friend who would help my father with his financial matters due to him not understanding English very well! This is truly heartbreaking, I just can't make sense of it it is a nightmare!!
In the mortgage papers they even put that my mum was self employed and earning money when my mother hasn't worked since 1988!!
The only action they have taken is to evict my father they are unsympathetic and they cancelled the last eviction after seeing the handwriting expert report but refused to set aside judgement, the solicitors working for us required £6,000 in order to work on the case which is unaffordable in such a small space of time the are now reviewing the case to see if they can offer us a no win no fee deal but if that fails I believe my parents will be evicted! ]Now even though the situation remains unchanged they have obtained another eviction for just over a week I don't think I can cope for much longer!!
They stayed the last eviction in March 2008, Swift applied for another one in September 2008 and cancelled it following receipt of the handwriting expert!
Swift have never attended any court hearings their only solution is to keep bombarding my father with eviction notices or forcing entry into his home when the judge has stayed the eviction!
I have a handwriting expert report that states on a scale of 1-5 with 5 being the highest that the signatures rank a 4 as not being genuine
I have all four eviction notices swift have sent, I have a mortgage broker letter stating the mortgage provided was not affordable to my father so it should never have been given in the first place in my opinion! I have a letter from the court stating that if no further claim was made to the repossession order that the claim be struck out! Swift responded to this by applying for an eviction warrant! I have the solicitor letters that stated to Swift that my fathers situation remained unchanged and if they proceeded to enforce the september 16 warrant that they would apply to the court and seek to recover costs from swift as the handwriting report was favourable to my father upon seeing this swift cancelled the eviction! They have not requested any further information all they do is seek evictions!
I have letters from swift legal services stating if my father does not want to be evicted that he pay £45,600.00 in arrears!
I have a complaint form to the FOS highlighting Swifts unprofessional and bullying behaviour!
I am really at my wits end,they tried to enforce an eviction in March after it was stayed they drilled my parents locks and my father is now taking 9 tablets a day due to all this stress its unbearable and Swift should not be allowed to do this!
I hope you can help us
0
Comments
-
Have you tried any other solicitors? This sort of case is something that might be taken on pro-bono, either call around as many solicitors as you can, or these people might help?
http://www.barprobono.org.uk/
Since there is a criminal element it might be tricky though. Have you pursued the lack of police/CPS interest further? This would seem to be the easiest solution, since a criminal investigation would probably halt the civil proceedings immediately. How much work has been done by the police so far, and at what level have you been told it is not a priority? If it were me I would be filing complaints, and contacting my MP.0 -
Thank you so much for your replies and support in response to all your comments, the police are aware of the fraud however they do not classify it as a priority as it has only been done to one person and the amount is bellow 1 million! We have requested a police public access request in order to show the court that this has been reported and we have yet to receive it. My husband is a very violent man and I have been a victim of domestic violence I have put myself in danger just by reporting this to the police( My husband has threatened my parents as his friends are also involved) We needed Swifts help to make the fraud case stronger but they refuse to help as they realise by going after my husband they will get nothing and my parents home is the only valuable thing they can get! We have obtained advice from the CAB and they have helped us imensely even providing translators for my parents who dont speak English they found us a solicitor to take the case on pro bona and she is trying her best but Swift are playing very dirty! My husband was able to take out three mortgages on my parents property and as `Swift took over the first one they are now relying on the laws of the first one and as the first one was paid off they are giving us no details to prove fraud on it as it no longer affects them! I am in pieces I cannot sleep or eat and it is so hard considering my husband has run up so many unsecured debts in mine and m parents name and now the discovery of the mortgage fraud and the possiblility of my parents losing their home is proving too much and I am so scared for my parents! Swift dont deny fraud so why dont they help us even our solicitor has said if she was advising them and on seeing all the evidence she would advise them to be going after the solicitors who arranged the completion and tell them to leave my parents alone I am so scared this has been ongoing for two years now!
What happens if they lose their home in this way where do I turn too, If anyone could help and provide advice I would be imensely grateful as the court date is scheduled for August 10!!
I have also written to my local MP and several newspapers but I am scared and running out of time!!0
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