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Am Freitag, 3. August 2012 schrieb :
> Send Trom mailing list submissions to > [email protected] <javascript:;> > > To subscribe or unsubscribe via the World Wide Web, visit > http://lists.newciv.org/mailman/listinfo/trom > or, via email, send a message with subject or body 'help' to > [email protected] <javascript:;> > > You can reach the person managing the list at > [email protected] <javascript:;> > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of Trom digest..." > > > Today's Topics: > > 1. Help wanted (David M. Pelly) > 2. Re: Help wanted (Pete McLaughlin) > 3. Re: Help wanted (Leo Faulhaber) Dear Paul Go on YouTube and search for Santos Bonacci. Liesten to what he has to say about the Law (and its perversions). Maybe it helps. He is a brilliant guy. An Italian living in Australia. He also gives great lectures about astro-theology which -- by the way -- has quite a few things to do with TROM. Best wiche perversi Best wishes Leo Faulhaber > ---------------------------------------------------------------------- > > Message: 1 > Date: Fri, 3 Aug 2012 12:46:41 -0400 > From: "David M. Pelly" <[email protected] <javascript:;>> > To: TROM List <[email protected] <javascript:;>> > Subject: [TROM1] Help wanted > Message-ID: <[email protected]> > Content-Type: text/plain; charset="iso-8859-1" > > > Dear Trommers, > > I have a legal problem as explained below: > > Is there anyone with any law back ground or just good old common sense > that can help me solve this problem: > > (Note: I posted this question on: "JustAnswer" on line and a week has > went by and no one has yet answered. > > Do not worry that this is a Canadian situation. > > Common Law is based on common sense and good judgement and good > understanding of right and wrong. This is universal. > > > > Thanks in advance for any advice. > > David > > > > > Problem: > > I have a brother who lives on a farm in Manitoba, which he inherited > from our parents, who died in 2006 and 2007. I am Arnold's oldest > brother and I live in Cambridge, Ontario. I am on perment disability > pension. I cannot travel there to handle the affairs. We cannot > afford legal battles or costs of any kind. > > > Arnold is not capable of > farming the land. Arnold is poorly educated and considered mentally > handicapped, not capable of making sound decisions (having imparied > judgement) on any significant or even basic matters. Arnold works part > time or seasonal at best. Arnold has a very bad credit history. > Arnold is considered in the community as being a few cards short of a > full deck. Any sufficiently educated or and mentally or intellectually > competent person that knows Arnold, would atest to that. > > > > In 2009 > Arnold needed some money and went to a mortgage company to get a loan. > He used the farm as collateral. The farm is or could be worth around > $50,000. The head office of the mortgage company is in Richmond Hill, > Ontario. > > > Some how the mortgage company gave him a loan for $50,000. > How? I do not know. It is beyond me how he qualified for a loan. I > have to assume that the lender was opportunistic. > > > The interest rate is > 15.9% and the incidental charges for late payments etc. are > astronomical. $250.00 to $400.00 for infraction or actions. The list > is long and insane. > > I think Arnold made a couple of payments at the > beginning. And non since. > > As of now the mortgage company wants to > foreclose on the property and has listed the property for sale and I am > told, has three offers as of last week. > > > The saving grace for the > moment, at least, has been that the neighbour leased the land for > pasture a couple months prior and has registered a land use caveat > against the property until March 31/ 2015, with government of Manitoba. > The land use caveat is dated and registered before the mortgage is > registered. > > > The neighbor does not want to give up the land until then. > But the mortgage company is pressuring the neighbor to buy the land > even at a discounted price. I told the neighbour not to negotiate with > the mortgage company and only stick to his lease agreement. (At least > to hold the mortgage company off as long as possible, to give me time > to deal with this matter.) > > > I remember from high school law that for > person's signature to be binding on a contract he has to be mentally > competent. I also know that in order for a person to qualify for a > mortgage, he has to have good credit rating and be employed or have the > financial means to make payments and pay for the mortgage. > > >From what I > understand, these criteria are and can only be common sense and > therefore are or have to be common law, also. My evaluation of the > situation is that the lender was opportunistic and saw that there was > sufficient collateral and they would be safe. So they gave him the > $50,000. I also suspect that the lender thought that the property could > potentially be worth more. To me, at least based on common sense and > common law, this mortgage agreement is clearly fraudulent and therefore > null and void and unenforceable. It is an instrument of fraud. No > honest person or principled person or no one in their right mind would > give Arnold a loan. > > > They might be safe with a $10 or $20 loan. > Giving Arnold a mortgage or loan with the farm as collateral is not > unlike taking candy from a baby. I need to and have to deal with this > matter only by letter. I have to give them a good scare. > > > I want to > tell the mortgage company that: - they did not properly qualify Arnold > before giving him the loan, for the reasons I specified. > > 1. - their > mortgage agreement with Arnold is clearly opportunistic and therefore > unlawful and an instrument of fraud. > > 2. - to permanently cease and desist > all foreclosure actions and leave Arnold and the property alone and not > to come near him or the property for a 100 miles. > > 3. - no honest or > principled person or lender would give Arnold a loan especially with the > farm used as collateral. > > 4. I want to tell the mortgage company that > doing what they did to Arnold is not unlike taking candy from a baby. > > > 5. - they should be ashamed of themselves. - if they want to help such a > person in need that they should give him a donation of $50,000, and > give him guidance and therapy, not a loan. - their activities, > motives, and principles are clearly fraudulent and I will send the > authorities after them and have them investigated. > > 6. -they are loan sharks and should all be > put in jail. > > > I want to know what are the legal criteria under common > law, to make a signature legally binding on a contract, expecially in a > case like this? And the criteria necessary to make such a situation > lawful? And anything else I should know? I want to know what you > think of this matter and what you would do if you were in my (or our- > Arnold and I) shoes to have this matter handled and save Arnold and the > farm? > > > I forgot to mention that Arnold does work part time and seasonal, > but it can't be said that he has steady income. Right now he has a > summer job and is working for the Manitoba department of hwys operating > an asphalt packer. > > > -------------- next part -------------- > An HTML attachment was scrubbed... > URL: < > http://lists.newciv.org/pipermail/trom/attachments/20120803/ce25f7bb/attachment-0001.html > > > > ------------------------------ > > Message: 2 > Date: Fri, 3 Aug 2012 10:29:47 -0700 (PDT) > From: Pete McLaughlin <[email protected] <javascript:;>> > To: The Resolution of Mind list <[email protected] <javascript:;>> > Subject: Re: [TROM1] Help wanted > Message-ID: > > <[email protected]<javascript:;> > > > Content-Type: text/plain; charset="iso-8859-1" > > David > Why are you trying to hold onto stuff? > > Your brother owned the property and borrowed the full value of the > property in a mortgage which he did not make payments on.? essentially he > sold the property and now need to move on.? > > > Let it go. > > Sincerely > Pete > > > > > >________________________________ > > From: David M. Pelly <[email protected] <javascript:;>> > >To: TROM List <[email protected] <javascript:;>> > >Sent: Friday, August 3, 2012 9:46 AM > >Subject: [TROM1] Help wanted > > > >************* > >The following message is relayed to you by? > >[email protected]<javascript:;> > >************ > > > > > > > >Dear Trommers, > > > >I have a legal problem? as explained below: > > > >Is there anyone with any law back ground or just good old common sense? > that can help me solve this problem: > > > >(Note:? I posted this question on: "JustAnswer"? on line and a week has > went by and no one? has yet answered. > > > >Do not worry that this is a Canadian situation.? > > > >Common Law is based on common sense and good judgement and good > understanding of right and wrong. This is universal. > > > > > > > >Thanks in advance for any advice. > > > >David > > > > > > > > > >Problem: > > > >I have a brother who lives on a farm in Manitoba, which he inherited > from our parents, who died in 2006 and 2007. I am Arnold's oldest > brother and I live in Cambridge, Ontario. I am on perment disability > pension. I cannot travel there to handle the affairs. We cannot > afford legal battles or costs of any kind. > > > > > >?Arnold is not capable of > farming the land. Arnold is poorly educated and considered mentally > handicapped, not capable of making sound decisions (having imparied > judgement) on any significant or even basic matters. Arnold works part > time or seasonal at best. Arnold has a very bad credit history. > Arnold is considered in the community as being a few cards short of a > full deck. Any sufficiently educated or and mentally or intellectually > competent person that knows Arnold, would atest to that. > > > > > > > >In 2009 > Arnold needed some money and went to a mortgage company to get a loan. > He used the farm as collateral. The farm is or could be worth around > $50,000. The head office of the mortgage company is in Richmond Hill, > Ontario. > > > > > >Some how the mortgage company gave him a loan for $50,000. > How? I do not know. It is beyond me how he qualified for a loan. I > have to assume that the lender was opportunistic. > > > > > >The interest rate is > 15.9% and the incidental charges for late payments etc. are > astronomical. $250.00 to $400.00 for infraction or actions. The list > is long and insane. > > > >?I think Arnold made a couple of payments at the > beginning. And non since. > > > >As of now the mortgage company wants to > foreclose on the property and has listed the property for sale and I am > told, has three offers as of last week. > > > > > >The saving grace for the > moment, at least, has been that the neighbour leased the land for > pasture a couple months prior and has registered a land use caveat > against the property until March 31/ 2015, with government of Manitoba. > The land use caveat is dated and registered before the mortgage is > registered. > > > > > >The neighbor does not want to give up the land until then. > But the mortgage company is pressuring the neighbor to buy the land > even at a discounted price. I told the neighbour not to negotiate with > the mortgage company and only stick to his lease agreement. (At least > to hold the mortgage company off as long as possible, to give me time > to deal with this matter.) > > > > > >?I remember from high school law that for > person's signature to be binding on a contract he has to be mentally > competent. I also know that in order for a person to qualify for a > mortgage, he has to have good credit rating and be employed or have the > financial means to make payments and pay for the mortgage. > > > >From what I > understand, these criteria are and can only be common sense and > therefore are or have to be common law, also. My evaluation of the > situation is that the lender was opportunistic and saw that there was > sufficient collateral and they would be safe. So they gave him the > $50,000. I also suspect that the lender thought that the property could > potentially be worth more. To me, at least based on common sense and > common law, this mortgage agreement is clearly fraudulent and therefore > null and void and unenforceable. It is an instrument of fraud. No > honest person or principled person or no one in their right mind would > give Arnold a loan. > > > > > >They might be safe with a $10 or $20 loan. > Giving Arnold a mortgage or loan with the farm as collateral is not > unlike taking candy from a baby. I need to and have to deal with this > matter only by letter. I have to give them a good scare. > > > > > >I want to > tell the mortgage company that: - they did not properly qualify Arnold > before giving him the loan, for the reasons I specified. > > > >1.? - their > mortgage agreement with Arnold is clearly opportunistic and therefore > unlawful and an instrument of fraud. > > > >2. - to permanently cease and desist > all foreclosure actions and leave Arnold and the property alone and not > to come near him or the property for a 100 miles. > > > >3.? - no honest or > principled person or lender would give Arnold a loan especially with the > farm used as collateral. > > > >4. I want to tell the mortgage company that > doing what they did to Arnold is not unlike taking candy from a baby. > > > >5. - they should be ashamed of themselves. - if they want to help such a > person in need that they should give him a donation of $50,000, and > give him guidance and therapy, not a loan. - their activities, > motives, and principles are clearly fraudulent and I will send the > authorities after them and have them investigated. > > > >6. -they are loan sharks and should all be > put in jail. > > > > > >I want to know what are the legal criteria under common > law, to make a signature legally binding on a contract, expecially in a > case like this? And the criteria necessary to make such a situation > lawful? And anything else I should know? I want to know what you > think of this matter and what you would do if you were in my (or our- > Arnold and I) shoes to have this matter handled and save Arnold and the > farm? > > > > > >?I forgot to mention that Arnold does work part time and seasonal, > but? it can't be said that he has steady income. Right now he has a > summer job and is working for the Manitoba department of hwys operating > an asphalt packer.? > >? > > > > > >_______________________________________________ > >Trom mailing list > >[email protected] <javascript:;> > >http://lists.newciv.org/mailman/listinfo/trom > > > > > > > -------------- next part -------------- > An HTML attachment was scrubbed... > URL: < > http://lists.newciv.org/pipermail/trom/attachments/20120803/950133af/attachment.html > > > > ------------------------------ > > _______________________________________________ > Trom mailing list > [email protected] <javascript:;> > http://lists.newciv.org/mailman/listinfo/trom > > > End of Trom Digest, Vol 97, Issue 10 > ************************************ >
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