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Thursday, February 22, 2024 9:29:47 PM
Unfortunately, anything equitable at law is secondary to something which is legally registered.
What is legal, is the Counter Defendant /Plaintiff - Kelmar owns the building, as per the registered title deed, the same party has a signed legal loan note, where Holcomb agrees to pay and return the outstanding sums under the loan agreement to Kelmar.
Holcomb's counter is that there is fraud because they are trying to convince the Court that the loan is some kind of vendor financing for Holcomb to purchase the building and hence claiming an equitable mortgage, equitable lien and constructive trust, but all the evidence points in the opposite direction.
How can Holcomb claim the remedy of constructive trust where they have no legal or beneficial or equitable ownership interest in the property; there is no contract to prove this and certainly there is no evidence of any equitable mortgage to support these facts. So how can they possibly be damaged in the first instance if they have no rights to the property? We watch with interest on how they prove this supported by real evidence and how this amounts to constructive fraud on the real actual owner of the property and lender of funds. It is Holcomb perpetrating the fraud as they always do.
A very flawed Counterclaim: just like the B&K one where Holcomb state that it never guaranteed the generator would work or the patents perform.
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