Michael (of Bernicia) Waugh, UK bankster-buster

[houseoflard]

From Michael's FB page. Anyone would think he had a film to promote..

Michael O'Bernicia
18 November at 18:39 ·

Here Ye, Here Ye! There has been another breakthrough in my family's seven year war of attrition with Bank of Scotland and its receivers.

We have just discovered that, on 02/07/2015, the Chief Land Registrar registered an altered version of the illegal and void mortgage deed over Ashquorn House, which the same man canceled as illegal and void upon the order of the Property Chamber in February of the same year, following the establishment of the section 1(3) point in the high court on 21/07/2014.

Not only do these unequivocal facts render the registration illegal and void; they also prove, beyond reasonable doubt, that the bank and its LPA pirates, along with their parasitical solicitors, have been engaged in a conspiracy to fraudulently register an amended version of a mortgage which never actually existed, at law or in equity, which they have no mitigating excuse for not knowing.

Since the Property Chamber is on the brink of ordering that the receivers' latest attempt to sell the property at a fire-sale price is illegal, on the ground that they have not been validly appointed by the bank to act in the names of the trustees, under a legally valid and enforceable Power of Attorney Deed, which will almost certainly result in every entry by the receivers since July 2010, including nine illegal fire-sales, being canceled as fraudulent; we have more reasons to be cheerful now than we have from the outset of the dispute, despite the considerable losses incurred.
In other words, never give up, my friends. Never give up.

[notorial dissent]

In other words, truly delusional.

[Hercule Parrot]

Since the Property Chamber is on the brink of ordering that the receivers' latest attempt to sell the property at a fire-sale price is illegal, on the ground that they have not been validly appointed by the bank to act in the names of the trustees, under a legally valid and enforceable Power of Attorney Deed, which will almost certainly result in every entry by the receivers since July 2010, including nine illegal fire-sales, being canceled as fraudulent...

Not my field, but I am unpersuaded that an appointed receiver needs to obtain any consent or power from the liquidated entity before selling assets to repay debts. We shall await the Property Chamber's ruling with bated breath.

[rumpelstilzchen]

According to all of these loons success is always just around the corner.

[notorial dissent]

Since the judge ordered, and forced, the trustees to properly complete the loan paperwork/mortgage documents to make both equitably and legally effective, the effect was that the mortgage was then properly executed, and having been forfeited on, the receiver's actions were therefor ratified and valid and the Property Chamber has no authority to disregard what the judge ordered. Michale O'Wahhhh has lost again, despite how he wants to spin what has lately happened.

[aesmith]

He was supposed to be getting a big result on 11th August, surprise surprise he's gone all quiet on that so presumably whatever it was got thrown out.

[notorial dissent]

Or more likely something happened he DOESN'T want getting out.

[Bones]

With Michael's recent claims of success etc, I think it is time to show how much rubbish comes out of him.

Before the hearing, the title deeds for Ashquorn House (being a property owned by his parents trust) stated:

3. (23.10.2003) REGISTERED CHARGE dated 8 August 2003

4. (27.09.2007) Proprietor: BANK OF SCOTLAND PLC (Scot. Co. Regn. No. SC327000 of Commercial Law Section, 2 Robertson Avenue, Edinburgh EH11 1PZ

As the mortgage deed did not have attestion clause it was void but due to other documents being signed by both parties, an equitable charge was registered.

The title deed was therefore updated and amended to state:

3. (21.03.2013) UNILATERAL NOTICE in respest of an equitable charge dated 8 August 2013.

4) (21.03.2013) Beneficiary: Bank of Scotland Plc (Scot. Co. Regn. No. SC327000) of Citymark, Level 4, 150 Fountainbridge, Edinburgh EH3 9PC)

Since then Michael keeps making claims over and over again of successes on behalf of his parents trust. However, he has never actually told anyone the truth about what really happened and has not been able to produce anything at all to support any of his claims. The reason being that there was a 2nd hearing, which Michael has never publically acknowledge took place.

The outcome of that hearing was that it was ordered that either the trustees sign a new mortgage deed, granting BOS a legal charge or the Judge would.

As a result the title deed was amended and updated again and the below was added




Therefore, BOS do have a legal charge and as such are within their rights to appoint LPA receivers

For the benefit of O'Bernica's fanclub which includes the Crawfrauds, the above is a screenshot of the title deed as of today.

Just think, the freetards have been paying this idiot and his sidekick O'Deary £10 each to watch his film.

[Bones]

Now he is just making more rubbish up (as usual)

As shown by the above extracts from the title deed - the important parts being the dates in brackets, he is liar

The new legal charge was registered on 12/12/2014 as clearly confirmed above
The equitable charge was registered on 21/03/2013 again as clearly confirmed on the title deeds for the property

For Michael's benefit and as confirmed in the hearing that he attended.

The original legal charge granted by his family in 2003, was found to be void as it did not have a attestation clause. However, the documentation was sufficient for an equitable charge. Therefore the original legal charge weas removed and replaced with an equitable charge, valid from when the legal charge was originally registered. This is correct as the charge would have valid throughout that time period.

Following Michael's attempt to save his inheritance, the Judge ordered for a new legal charge to be signed or he would sign it as he is allowed to do. This new legal charge was registered on 12/12/2014.

Michael O'Bernicia
20 hrs ·

Imagine my surprise when I discovered that, despite the dodgiest of judges ordering that Bank of Scotland were entitled to another legal charge over Ashquorn House, following the cancellation of the first void mortgage over it; the bank then instructed its lawyers to take that void instrument, cross a few things out in marker pen, have it signed it in the names of the trustees by a district judge and a retired trustee, then register it at the Land Registry on 02/07/2015, as an alteration to the original application, made on 08/08/2003!!!

This is little different from taking an expired passport, altering its date and signature, then trying to use it to cross an international border, which would result in immediate arrest and criminal prosecution.

Whilst that eventuality will not meet the banksters involved in our case for a few months yet, the Land Registry and the Property Chamber have already indicated that Judge Behrens' order did not authorise the alteration and re-registration of the void mortgage deed and that the trustees do not have to pay for an application to remove it from the register, on the basis that it should never have been registered in the first place.

In other words, the third attempt to fire-sale the property by the receivers is now dead in the water, on two grounds:

1. There is no valid Power of Attorney Deed, under which they were appointed to sell the property in the names of the trustees; and

2. There is no legally valid and enforceable mortgage in existence, so the right of the bank to appoint receivers, when mortgage money becomes due and outstanding, under section 52(1) of the Law of Property Act 1925, has not arisen.

This means that is it now virtually guaranteed that every entry made by the receivers in the Charges Register in the names of the trustees will be removed retrospectively on the same grounds; and the Land Registry will be statute bound to compensate the trustees for the losses incurred by nine illegal fire-sales of the trust's properties.

[Bones]

On the bank’s application, the court made an order under s 39(1) Senior Courts Act 1981 that in default of execution of the charge by W, it shall be executed by a District Judge of the High Court, Chancery Division.

[letissier14]

The trouble is he can say anything he wants to his supporters and they will instantly believe him, as none of them can be bothered to look up the facts.

[NYGman]

Facts just get in the way, and only serve to twist the truth. Who needs facts anyway? Only Shill's and trolls care about facts, don't trust them, or their so called facts.

[Pox]

The trouble is he can say anything he wants to his supporters and they will instantly believe him, as none of them can be bothered to look up the facts.

I question whether his supporters would understand the facts, even if they had bothered to look them up.

[longdog]

The trouble is he can say anything he wants to his supporters and they will instantly believe him, as none of them can be bothered to look up the facts.

I question whether his supporters would understand the facts, even if they had bothered to look them up.

I'm quite certain they wouldn't. In their world a mistake in the paperwork means you don't have repay the money you borrowed to buy a property AND you get to keep the property because... Errrr... Reasons.

[Jeffrey]

I question whether his supporters would understand the facts, even if they had bothered to look them up.

Let me try and write a dumbed down explanation for his supporters, feel free to fix it up if I got anything wrong.

The Waughs got a mortgage in 2003 but some of the paperwork was done incorrectly. Bernicia thinks this means he can keep the house without repaying the mortgage. In reality the court can just fix the mistakes in the paperwork and did so in 2014. This is not fraudulent as Bernicia claims but consistent with the principles of equity. The alternative proposed by Bernicia is unlawful and inequitable because it would allow him to renege on his contractual obligations to repay the bank and profit from it.

[Bones]

Michael O'Bernicia (aka the lost hobbit) just can't help himself and make rubbish up. He has just claimed this

Michael O'Bernicia
2 hrs ·

I have just heard that HHJ John Behrens, the judge who stands accused of perverting the course of justice in our long-running dispute with Bank of Scotland and its receivers, has retired unexpectedly today, without any reason being given.

Its not just a coincidence that this has occurred only a matter of days before the Property Chamber's ruling on the legality of the third attempt to sell Ashquorn House by the receivers; and the Land Registry's decision regarding our application to cancel the registration of an altered version of the very same void mortgage deed that the Property Chamber ordered them to remove from the Charges Register; since all of this directly arose from his judgment.

Behrens now walks in the footsteps of two other judges who dismissed our claims as totally without merit, HHJ Walton and Lord Justice Lloyd, both of whom retired unexpectedly in 2012.

Anybody would think that the job of shafting us in the her majesty's courts is becoming a poisoned chalice; or that the genuine buzz about TGBMS that is generating nationwide is starting to make certain members of the judiciary extremely nervous about how the next few weeks are going to unfold.

He actually retired yesterday and it was announced before hand

https://civillitigationbrief.wordpress. ... ns-effect/

On a more positve note Michael says that we are now only matter of days before the Property Chambers ruling -

Fortunately, all decisions are now published online for the public to view

http://landregistrationdivision.decisio ... 30May.aspx

From 1 June 2015 all the decisions of the Land Registration Division of the First Tier Tribunal are included. Those that meet the criteria set out above are searchable by the name of the Judge or by category. The rest can be found under the category "Miscellaneous" in the drop-down menu of categories.

[longdog]

Minor details like the judges all having judicial immunity aside...

[Bones]

Minor details like the judges all having judicial immunity aside...

Nothing like a few facts to spoil a good story.

Another fact is that that it was a brand new deed and not an altered deed that was regiserted as confirmed by the title deed for the property as previously posted.

I can't wait for the property chamber to reach a decision (that is even if they really are and it isn't just another lie to sell tickets for his crappy documentary)

[notorial dissent]

Since the "new" Deed is essentially a court ordered document does the Property Chamber even have the authority to rule on it? I think O'Wahhh is just wailing up another tree, wonder what excuses he'll have when things don't happen as he prophesies this time.

[Bones]

Since the "new" Deed is essentially a court ordered document does the Property Chamber even have the authority to rule on it? I think O'Wahhh is just wailing up another tree, wonder what excuses he'll have when things don't happen as he prophesies this time.

I seriously can't wait, no doubt he will claim the loss as a success