Some information to help you with Receivers:
glatt-v-sinclair-2011-ewca-civ-1317
https://en.wikipedia.org/wiki/Cuckmere_Brick_Co_Ltd_v_Mutual_Finance_Ltd
http://courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/36a33d5cddd8a6eb80257b4a0051a4da?OpenDocument
http://www.dacbeachcroft.com/documents/imports/resources/pdfs/newsletters/danish_dentists_denied_-_valuers__duties_and_the_permissible_range_revisited_-_wire
http://www.lexology.com/library/detail.aspx?g=2cb982dd-3f01-4db3-b953-eaed0df81b89
http://www.landmarkchambers.co.uk/userfiles/documents/resources/The_Rights_-and-_Duties_of_Mortgages_in_Possession_of_Receivers_-_TJ.pdf
http://swarb.co.uk/silven-properties-limited-chart-enterprises-incorporated-v-royal-bank-of-scotland-plc-vooght-harris-ca-21-oct-2003/
http://swarb.co.uk/re-charnley-davies-ltd-no-2-ChD-1990/
http://swarb.co.uk/re-charnley-davies-ltd-no-2-ChD-1990/
http://swarb.co.uk/re-charnley-davies-ltd-no-2-ChD-1990/
Nash -v- Eads CA ((1880) 25 Sol J 95)
Palk -v- Mortgage Services Funding Plc CA ([1993] Ch 330
http://swarb.co.uk/routestone-ltd-v-minories-finance-ChD-1996/
you should be asking the receivers:
You are required to provide a sworn and attested copy of the Tri-party agreement between YOU the receivers or their agents, The Bank and myself.
Do you have a valid Court Order, bearing in mind that a valid court order needs to be signed by a judge and sealed by a court of law, within the jurisdiction of Ireland.
You need to provide the name of the judge who has signed the valid court order. Noteaben: A scribble on a page will not suffice.
Proof that you publish your appointment with the companies registration office in Dublin
A letter from The Bank showing that they ‘Indemnfy’ you the ‘receiver’ or the agents.
Proof that you published the notice as to your deed of appointment.
A full statement of accounts showing and proving that the tri-party agreement is servicing the bank better than I can if I was in control of the funds.
I would also like to remind you that under Irish Law, a person can not have an agent forced upon them. This is due to the fact that when someone is acting as an agent on half of a person, that person, not the agent, is responsible for everything that agent does. The receiver also has what is called an “equitable duty of care” for both parties.
Do you realise that but for the actions of the Bank and therefore the receivers or their agents I would not be in this position of financial stress and difficulty.
Do you understand tort law? The claimant must establish that the loss they have suffered was caused by the defendant. In most cases a simple application of the ‘but for’ test will resolve the question of causation in tort law.
Research your Receivers.
From doing some research on ‘receivers’ it would seem that there are certain things they have to do, so it is worth asking them some questions.
1. The right to appoint a receiver will not be exercisable until after 28 days’ notice in the prescribed form has been given to the mortgagor [YOU]. The purpose of exercising them right must be to protect the property or realise the security. The right to appoint will arise on the creation of this security. It will not be dependent on the mortgage money becoming due. So where is a security issue on the property? Why do they think they need to protect the property? In some cases they have even stopped a sale, why????? Are they hoping for a default and the Banks Insurance kicks in. SO ask what level of protection will the Receiver offer AND WHY?
2. The receiver is not just a rent collector. He has a duty to safeguard and manage the property. The receiver should insure the property against the usual risks. The receiver has a duty to account for receipts and outgoing. So ask to see them, where is the insurance on the property? Does he have any insurance, no? That’s negligence, fire him. Ask to see the accounts !!!!!!
3. Read and Check your DEEDS to see what extent you gave away the power of attorney over the property and the extent of the power of appointing a Receiver. What powers does it allow receivers to deal with Land & Tenants?
4. “show me the Deed of appointment of a fixed charge receiver, show me the security document [see 1.] that was created and then show me the validity of such a document. I do not see this property as being under any threat”.
5. Ask to see the house deeds, where it gives the Mortgagee the right to appoint a receiver! See exactly what rights they have.
6. A person appointing a receiver must give 7 days notice to the companies registration office. Ask to see proof of this point!
7. Ask to see the letter [not deed of appointment] that the receiver has been properly appointed and that they have been ‘indemnified’ by the Mortgagee. Here you will get the run around, just don’t move.
8. If you got your Mortgage before 2009 you need to do your homework as you may well fall into the Land conveyancing act 1881 section 15-20 but this all boils down to your own Deeds.
You must have received a notice requiring payment of the mortgage monies and you are three months in default in payment.
Accepting the Deed of Appointment:
Affidavit revoking Power of Attorney:
Question to ask your Receivers: