How do we get Title (Deed) back for Property using the Courtesy Notices.
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How do we get Title (Deed) back for Property using the Courtesy Notices.
Hi all
I have a question regarding the Courtesy Notice and how it might applied to securing our Claim of Lien back from our Mortgage/Loan Companies.
This is my understanding of Canadian and Ontario proceedings when a Mortgage/ Loan is obtained from a Bank or alternative.
UCC operates in Canada through the PPSA- Personal Property Security Act. It is through this agency that the Registering of Financing Statements (Form1C) is made. That is how a lending institution secures your home/vehicle as collateral for the Mortgage/Loan. The company registers your home/ Security (their collateral) using the PPSA.
Next step is for the Lending Institution to actually place the Lien (Notice of Security Interest)
with the Land Registry Office in your province. Thus...now your home/vehicle has a lien on it. This is done through our lawyers office at time of closing or thereafter.
Interesting enough, the PPSA "requires that the secured party deliver to the debtor a copy of the Registered Financing Statement or a Verification Statement within 30 days of date of Registration. Failure to do so may result in a penalty to the secured party" I have owned several homes in Canada and have never received a copy of the Financing Statement from my lending institution. I have received a Verification Statement for a vehicle where I held a loan for said vehicle. Just thought that was interesting.
So my thinking is that it will not be enough to challenge our Banking Institutions through the use of Courtesy Notices as the lien is still on our homes/car. The challenge is getting our Deeds(Title) back into our name whether for a home or vehicle.
Any thoughts, ideas or suggestions on this anyone?
Still having fun!
I have a question regarding the Courtesy Notice and how it might applied to securing our Claim of Lien back from our Mortgage/Loan Companies.
This is my understanding of Canadian and Ontario proceedings when a Mortgage/ Loan is obtained from a Bank or alternative.
UCC operates in Canada through the PPSA- Personal Property Security Act. It is through this agency that the Registering of Financing Statements (Form1C) is made. That is how a lending institution secures your home/vehicle as collateral for the Mortgage/Loan. The company registers your home/ Security (their collateral) using the PPSA.
Next step is for the Lending Institution to actually place the Lien (Notice of Security Interest)
with the Land Registry Office in your province. Thus...now your home/vehicle has a lien on it. This is done through our lawyers office at time of closing or thereafter.
Interesting enough, the PPSA "requires that the secured party deliver to the debtor a copy of the Registered Financing Statement or a Verification Statement within 30 days of date of Registration. Failure to do so may result in a penalty to the secured party" I have owned several homes in Canada and have never received a copy of the Financing Statement from my lending institution. I have received a Verification Statement for a vehicle where I held a loan for said vehicle. Just thought that was interesting.
So my thinking is that it will not be enough to challenge our Banking Institutions through the use of Courtesy Notices as the lien is still on our homes/car. The challenge is getting our Deeds(Title) back into our name whether for a home or vehicle.
Any thoughts, ideas or suggestions on this anyone?
Still having fun!
tdeibel- Posts : 3
Join date : 2013-02-27
Re: How do we get Title (Deed) back for Property using the Courtesy Notices.
A couple of thoughts in reaction--tdeibel wrote:So my thinking is that it will not be enough to challenge our Banking
Institutions through the use of Courtesy Notices as the lien is still on
our homes/car. The challenge is getting our Deeds(Title) back into our
name whether for a home or vehicle.
1. The banking institutions no longer exist, and a non-existent legal fiction cannot hold a lien. All liens have gone poof!
2. The purpose of the Courtesy Notice is not to challenge anyone. Its purpose is just say that you wish never to hear from the Respondent (who is an individual, not an institution or corporation) again, and that if they wish to contact you again, you will take this to mean that they agree to your Terms & Conditions and to receiving and paying the invoice that you will subsequently send them.
3. The whole concept of ownership is up for discussion in the new, post-PTW world. It has been mentioned in several of the Internet radio shows and there probably are some suggestions as to how homes and vehicles will be "assigned" to individuals under the CVACs.
Marbolot- Posts : 134
Join date : 2013-01-26
Re: How do we get Title (Deed) back for Property using the Courtesy Notices.
Thanks Marbolot for your observations and correcting my mindset
Yes... I will follow the CVAC's to see where we can find resolution for "ownership"
Again...thank you for your input!
Yes... I will follow the CVAC's to see where we can find resolution for "ownership"
Again...thank you for your input!
tdeibel- Posts : 3
Join date : 2013-02-27
Re: How do we get Title (Deed) back for Property using the Courtesy Notices.
You may also want to consider filing under UCC 3-501. here is an article that may be helpful:
http://tawebster.wordpress.com/2009/11/01/ucc-3-501-allows-borrower-to-discontinue-payments-without-dishonor/
http://tawebster.wordpress.com/2009/11/01/ucc-3-501-allows-borrower-to-discontinue-payments-without-dishonor/
Mr W- Posts : 30
Join date : 2013-01-26
Re: How do we get Title (Deed) back for Property using the Courtesy Notices.
Thank you Mr. W...that was a very helpful article!
tdeibel- Posts : 3
Join date : 2013-02-27
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