of some interest ? got this email forwarded to moi:
Date: Fri, 25 Jun 2010 06:55:28 -0700
From:
Subject: Success with mortgage!
Some success! Kerry from Sechelt has been trying everything from GSA forms to liquidations against the court and Royal Bank regarding his foreclosure problem on his $450, 000.00 home in Gibsons BC. About 2 months ago the bank got an order to sell the house. Within a week Kerry appealed and put in to the bank and court a cease and desist order, a PPSA lien against his property, and a series of affidavits signed by Sechelt Elders and Squamish Elders claiming that the land had never been sold or ceaded by the Natives and that that the natives have a superior claim over the Royal Bank to the land.
Last week Kerry got summonsed to court again for yesterday and the Bank was bringing all the paper work that Kerry filed to bring it in front of the Judge. So.....Kerry had entered an affidavit which allowed Seemas (a native elder) to speak for him. Kerry read it into the court right off the hop and told the judge that it was native tradition for the elders to speak for someone untill they are competent in native ways to speak for themselves. The judge said "Well we can't go against native tradition" (Kerry is a whitey that has been adopted by the Sechelt natives) Kerry also read his affidavits into court and interestingly enough the judge commented to him that it was a good move reading them into court otherwise the court would not have seen them.
The lawyers for the bank told the judge that they were relying on code such and such to proceed with the forclosure and the judge said that that code would require a bill of sale in order to be applied. (A bill of sale between the natives and the Crown or the Bank evidencing that the Natives sold or ceaded the land in the first place.) Kerry piped up and said we have repeatedly asked by affidavit for the bill of sale and the Bank has not provided us with one. The judge then said do you have any copies of those affidavits? Kerry said yes and filed them in to the judge. Then majicely the Judge found that he already had copies of the affidavit in the pile of paperwork in front of him. (Obviosly, he had seen them but chose not to look at them untill they were presented in open court)
This is where it gets good.....the Banks Lawyers had entered an instrument that initiated the action (I forget what the instrument is called) This instrument according to the judge requires that it is backed by a bill of sale! The Judge asked the lawyers for the Bill of Sale. The lawyers nervously flipped through their papers and said they couldn`t find it.The judge said Òhhhh! `someone may be liable for a possible 14 year prison sentence for filing this instrument without there being a bill of sale!
Seemas stood up and said enough is enough we want this over and right now! We want that Bill of Sale by tommorrow. The Judge said no they have two weeks to come`up with it!
Then he said `` I`m allowing two weeks because I`m going on holidays and I don`t want to be around in two weeks when this case gets decided because it`s too big of a ruling for me. I don`t want to touch it.
Someone at the Bank or the Banks lawyers office is going to jail! Not only that but the Bank will be ruined by eventually having to pay everyone back who has a mortgage with them on any land in BC that has not been sold or ceaded to the crown. Kerrys house is within the municipality of Gibsons and that still means Jack Shit because the Natives have a superior claim to it. This is huge!
Dave
