I only got hold of the information through the efforts of an ex-bank manager (UK) who is actively discussing it on the internet at the moment. It involves a “power of attorney” clause, which is usually contained in the fine print of the Terms and Conditions attached to the Bill of Mortgage. The thing the bank never tells the mortgagor is that, using the power given to them by the mortgagor, the bank executes a promissory note in the name of the mortgagor. That document is legitimately created by the bank, and it literally has the value of the promise within it. And, guess what; the mortgagor created that value by having his name attached to it by the bank, as the mortgagor’s attorney (without the mortgagor’s knowledge). Without that NOTE, which it can CREDIT to an empty account, the bank cannot legitimately issue a cheque, which causes the DEBIT to appear in the “loan account”. There are two steps which can be taken by people when their bank becomes obstreperous about repayment:
Step 1: Search through the Terms & Conditions on their original mortgage documents for the “Power of Attorney” clause. It will usually be well down the list in a multi-page document (or it was in my case) [If you don’t have the originals, write to the bank asking them whether the Terms & Conditions contain a “Power of Attorney” clause.]
Step 2: Once you have proof that the said clause exists (and it will!), ask the bank to provide you with certified copies of any and all document which have ever been executed under that Power of Attorney clause.
Once the bank knows that you know what they have done, the attitude of the bank will suddenly change; not only will they back off, they may even become somewhat apologetic. At which point you will know that they know that you know they have committed a fraud: CONVERSION OF A YOUR NEGOTIABLE INSTRUMENT (the Note) FOR NO VALUABLE CONSIDERATION.
The ball will be in YOUR court from that point on. So, be merciful. Be honest. Be fair. But be relentless in your pursuit of justice.
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