III.   Rights

A Mortgage is a formal written Instrument where A. (the Mortgagor) as Assignor temporarily assigns certain Rights in Trust to some specific Certificate of Title in Real or Personal Property to B. (the Mortgagee) as Trustee, as Security for a sum secured (Mortgage Debt) and the agreed performance of obligations or payment of money to C. (the Lender; or the Seller; or the Holder). A Mortgage of Personal Property is a Bill of Sale.

The Certificate of Title in Real or Personal Property used as Security within a valid Mortgage Instrument is some valid Title of Interest, Use or Ownership recorded in a formal Roll or Register that is commonly accepted, or defensible or provable within the relevant jurisdiction. Examples of Certificates of Title used as Security within a Mortgage include (but are not limited to):

(i) Certificate of Title to Land as “freehold” such as Fee Simple, or Fee Tail; or “leasehold” such as Copyhold (formerly Tenancy at Will), or Estate for Years or Estate for Life; or

(ii) Certificate of Title to Land Related Rights such as Water Rights, Mineral Rights, Easement, Timber Rights, Farming Rights, Grazing Rights, Hunting Rights, Air Rights, Development or Subdivision Rights; or

(iii) Certificate of Title to Personal Property such as Motor Vehicle, Luxury Goods, Valuables and Collectibles or Appliances; or

(iv) Certificate of Title to Lease, or Higher Purchase Agreement, or Contract, or Promissory Note; or

(v) Certificate of Title to Securities such as Stocks, Bonds, Debentures or Loans.

A valid Mortgage by definition is a Trust by Agreement of Assignment whereby the Mortgagor (Assignor) possesses the Right to redeem the Property upon the fulfilment of the terms of the Agreement. Therefore:

(i) Any Instrument or arrangement that claims or purports or infers itself to be a Mortgage that is not a Trust, is a clear example of deceptive and misleading conduct, rendering any and all obligations null and void, with all liability upon the one culpable of such deceptive and misleading conduct; and

(ii) Any Instrument or arrangement that claims or purports or infers itself to be a Mortgage that lists the Mortgagor as a Grantor or Giftor is clearly deceptive and misleading and contrary to the function and nature of a valid Mortgage which must be by Assignment for the Mortgagor to possess any right of redemption and reconveyance of ownership; and

(iii) The core agreement of a Mortgage is between the Mortgagor as Assignor to the Mortgagee as Trustee. If such agreement is not done in good faith, with clean hands and without prejudice, then no valid Mortgage exists and all liability rests upon the imposter Trustee (de son tort); and

(iv) If the Mortgagee fails to properly identify himself, or the Trust, then such action nullifies any effective agreement or enforceability under true law; and

(v) If the Mortgagee fails to give a valid oath to act in fiduciary capacity as Trustee, then no Trust exists and no valid Mortgage exists and all conveyances and transfers must by definition be without lawful effect, with all such rights and title remaining with the Assignor.

The most common forms of Mortgages are:

(i) Stock Mortgage is where C. (the Seller) sells a sum of stock and then advances the proceeds to A. (the Buyer; and the Mortgagor), who then covenants to replace the stock (i.e. to purchase and transfer to C. a like amount of stock) at a future time, and executes a mortgage of Title in Real Property to B. (the Mortgagee) as security for the covenant; and

(ii) Legal Mortgage is where A. (the Mortgagor) conveys Real Property to B. (the Mortgagee; and Trustee) by Deed, as a security for the scheduled repayments of money to C. (the Lender; or the Seller; or the Holder); and

(iii) Equitable Mortgage is where A. (the Mortgagor) conveys Personal Property in the form of a Lien upon a Lease to B. (the Mortgagee; and Trustee), as a security for the scheduled repayments of money to C. (the Lender; or the Seller; or the Holder). An Equitable Mortgage will normally be upheld by a court of equity, despite the fact it is wanting and lacking in essential features of a Legal Mortgage (i.e. the existence of valid Title).

In respect of the Mortgagee:

(i) By the very nature of what normally constitutes a valid Mortgage, the Mortgagee (the Trustee) is a Trustee of a valid Trust formed under Oath into which the Real or Personal Property used as Security is conveyed. A failure of Oath, or Disclosure, or Fiduciary Capacity automatically renders such Trust dissolved, with full liability for the Mortgage Debt with the Trustee de son tort and all Rights returned to the Assignor; and

(ii) As any valid conveyance of Real or Personal Property within a Mortgage must by definition be temporary and therefore an Assignment, the Mortgagee as Trustee remains obligated for the duration of the Mortgage to provide full notice and disclosure and property accounting to the Mortgagor as Assignor. The failure of the Mortgagee as Trustee in their fiduciary capacity renders the Mortgagor (Assignor) free from liability as well as the Beneficiary free from any liability, with all liability upon the Mortgagee as Trustee de son tort; and

(iii) It is the Mortgagee and not the Lender who is obligated under fiduciary capacity to give notice and proper accounting to the Beneficiary of the Mortgage Trust, not the Lender. Nor may a Mortgagee appoint the Lender their agent without committing a deliberately deceptive and misleading act that is not at arms length and therefore without force or effect; and

(iv) The Mortgagee (Trustee) has the right after the lapse of a certain time and clear default of the Mortgagor (Assignor) in performance, of enforcing his security, or making it available in obtaining payment of the money advanced; and

(v) If the Mortgage is itself a negotiable security whereby the rights to part or all of the repayment income may be sold in exchange for an amount equivalent to part or a multiple of the value of the Mortgage Debt, then the Mortgagee (Trustee) is obligated under fiduciary duties to give due notice to the Mortgagor, even if such terms are absent in the Deed or agreement. The failure of the Mortgagee upon receiving money against a Mortgage to pay down the Mortgage Debt is a fraud, collapsing the Trust and placing full liability on the Trustee de son tort.

In respect of the Mortgagor:

(i) By the very nature of what normally constitutes a valid Mortgage, the Mortgagor (the Assignor) is free from any direct liability in respect of the sum secured (Mortgage Debt), precisely because their conveyance of Rights as Mortgagor to the Mortgagee (the Trustee) secures it. Any instrument that then seeks to place liability of the sum secured upon the party claimed as Mortgagor is a fundamentally flawed document having no effect; and

(ii) The Mortgagor (the Assignor) may also be the Beneficiary of the Temporary Trust formed under the valid Mortgage; and

(iii) The Mortgagor is obliged to perform certain actions, as prescribed by the formal Deed of Mortgage, signed, sealed and executed – normally in the scheduled payments of money. The failure of the Mortgagor to perform the agreed obligations may place them in default; and

(iv) A condition of any valid Mortgage is the Right of Redemption whereby if the Mortgagor negotiates to pay off the Mortgage Debt or Charge upon the Property, he buys it back and therefore is entitled to have it reconveyed to him without encumbrance by the Mortgagee (or Creditor). If the Mortgagee refuses, then the Mortgagor may bring an action or suit of redemption to compel the Mortgagee to reconvey the property on payment of the debt and interest; and

(v) If a Mortgage has been structured as a negotiable security, then the Mortgagor is entitled to offer a negotiable settlement to the Mortgagee (Trustee), particularly upon evidence of failure of fiduciary duties, failure of accounting and failure of disclosure. As a negotiable security, the Mortgagee (Trustee) is obliged to negotiate in good faith as to the negotiated pay off to enable the Mortgagee to have his property reconveyed back to him.

In respect of the Lender of the secured sum (Mortgage Debt):

(i) The Lender may or may not also be the Mortgagee (Trustee). Usually under Legal Mortgages and Equitable Mortgages the Mortgagee (Trustee) is separate and usually a member of a private bar association; and

(ii) If the Lender and Mortgagee (Trustee) are separate, then the primary obligation of performance in respect of securing the Mortgage Debt is with the Mortgagee (Trustee) by definition and not the Mortgagor. Therefore, any notices, demands or letters from the Lender to the Mortgagor making such demands or threats is a fundamental breach and fault of the nature of a valid Mortgage rendering such an agreement null. If the agreement is not a Mortgage and purporting to be a Mortgage then it is deceptive and misleading conduct and also null and void of any effect in law; and

(iii) If the Lender by nature has their advance secured by the Mortgage, then any additional demand, contract or agreement that seeks further monies, or promises from the Mortgagor above the performance of repayment under the Mortgage Deed and to the exclusion of the Mortgagee (Trustee) is by definition unjust enrichment and contrary to a valid and competent system of law and justice; and

(iv) The Lender and Mortgagee cannot under any sense of valid law and morality enter into a conspiracy to defraud, or mislead or withhold from the Mortgagor (Assignor) or Beneficiary any additional agreements, undertakings, payments between the parties without defaulting upon the contractual aspects of the agreement, collapsing the trust and accepting full liability themselves; and

(v) If a Lender sells a Mortgage as a negotiable security to another party and no longer has an interest, then such a Lender no longer has an interest and cannot be considered an interested party in any action of foreclosure or redemption.

Where a Mortgage is an Equitable Mortgage and therefore a security against a Lease, it is the obligation of all parties associated with the preparation of the Mortgage for the Mortgagor (as Assignor) to be made aware that the Security is a Lease and not a Certificate of Title to Land as “freehold” such as Fee Simple, or Fee Tail; or “leasehold” such as Copyhold (formerly Tenancy at Will), or Estate for Years or Estate for Life:

(i) If no Certificate of Title to Land is registered in accord with the Statutes of Land Title Registration of the State, or Nation then there is no Record of Title; and

(ii) While a County, or State may permit under its regulations the registration of Certificates with Title Companies, this may not be the same as the official registration of a Certificate of Title to Land with the State or Nation. Instead, it may be a private registration, deliberately misleading and deceptive in claiming to be a valid public registration when it may not be under statute and public law; and

(iii) The failure of the Mortgagee (as Trustee) to provide a clearly identified lease document, or to render such document clear as a lease and not a Title to Land, renders such agreement null and void and instead causes the possession to revert to a direct “freehold” between the Beneficiary and the County, or State or Nation in the absence of a valid tenancy enforced by the County, or State or Nation; and

(iv) In an Equitable Mortgage whereby the Security is a lease held and registered by the Mortgagee (as Trustee), the Mortgagee becomes the landlord and liable for property taxes and obligations to the upkeep and maintenance of the property.

Any inferior Roman court that openly permits the unrepaired and open fraud of Trust Law, Estate Law and the law of Wills by refusing to repudiate any financial institution as Lender or attorney as Mortgagee that monetizes or multiplies the sale of a loan without consent or remedy to the borrower openly consents that the whole system of Roman Trust Law, Estate Law and Wills no longer applies and is null and void.

By definition, any Property taxes charged by the higher estate to the tenant are the direct responsibility of the landlord. Where a court seeks to foreclose on a property against the Mortgagor as the tenant and not the Mortgagee (usually a member of the private bar associations) as Trustee de son tort, constitutes a gross fraud and if unrepaired is an open consent that Roman Trust Law, Estate Law and Contract Law no longer applies and is null and void.

Any Promissory Note and Application Form signed by a Lender and Mortgagor as part of a Mortgage is material to the Agreement. Therefore, they must be producible in any action of foreclosure or such an action must be struck out.

A Mortgage in fraud means no real or personal property is held in security. A deed not executed and closed in good faith is wanting and therefore null, having no effect and no property has been conveyed.