# mortgage debt written off



## sullyman (23 Aug 2011)

Has anyone other than Darrell O’Dea gone down this route and got mortgage debt written off ? 

Banks take the signatures of mortgage holders, digitalise them through something called MERS (Mortgage Electronic Registration System) and usually shred the paper contracts - the only contract  that is actually valid in a lawful court. There is also the issue of  securitisation – where banks essentially ‘sell’ security that they have  i.e. mortgage payments, physical assets – but when we examined this in  the context of Irish law, the contracts are void.


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## wbbs (23 Aug 2011)

I dont know which banks are shredding that stuff, I worked with a main lender and all files of original mortgage application documents were indeed scanned but then the physical files were moved to offsite storage facilities, I know cos I packed thousands of them and labelled the boxes.   They could be retrieved easily enough on request, however no bank is going to post back the original documents to a customer, best they will get is a copy.


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## hastalavista (23 Aug 2011)

Sounds like a Baillinspittle moving statue job.

Who is paying for the Freedom Bus? 
as noted below book is online for free


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## CrazyOne (24 Aug 2011)

Book seems to be readily available - download at www.blankofireland.com


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## Commercial (24 Aug 2011)

Heard about all of this, read the book and know people who went to a meeting of his. Not everything he says seems to stack up, but one thing that sticks out a mile, is that Bank's can give your information to debt collectors or receivers etc. Is this not breaking your confidentiality agreement with them?

I know that some banks scan all the paperwork and store in large storerooms. They don't shred.


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## millieforbes (28 Aug 2011)

Very strange book...granted I read it very quickly... Curious that he doesn't explain how his debts came about (although I guess the fear is that would weaken his case). I can't see how there can be an issue with the banks own collection department contacting him? or why he thinks he can nominate an individual and deal exclusively with that person?


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## Time (28 Aug 2011)

This is just more freeman rubbish.


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## JoeB (28 Aug 2011)

Commercial said:


> ....    is that Bank's can give your information to debt collectors or receivers etc. Is this not breaking your confidentiality agreement with them?
> 
> I know that some banks scan all the paperwork and store in large storerooms. They don't shred.




I don't think using thrid parties is breaking confidentiality, and is likely covered in the T&Cs.

After all, the bank can use many of it's own employees in the administration of a file. So they can use accountants, debt profilers, credit control departments, etc etc. Using a third party is an extension of that, providing that data protection, and data confidentiality is covered. 

Receivers have a legal right to the info,  .... if a bank is sold (or placed into receivership), then the new owners legally own the new info, and it's not breaking confidentiality to give them the new info.


Using third party debt collectors seems to be legal, and if, in an incredible situation, it was ruled not to be, .. well, even then all that would happen is that banks would be prevented from doing it from then on, .. it wouldn't be backdated.


The issue of not having original documentation could easily be a problem for the banks. There are two answer on AAM about this,... if you're an individual who's asking about badly written speeding tickets, or your bank having lost your mortgage application, you're often told, .. just pay up, you owe the money. But if NAMA or a bank loses documentation then people say, well, the moneys gone, nothing can be done, you can't chase that money.


If I had a mortgage, and my solicitor said that original paperwork and signatures were required in court, then I'd strongly consider challenging the bank. The reason is that mortgages are very large, and getting one wiped out would be hugely valuable,.. so it's worth at least some time and effort if it's at all possible.

But I just cannot see it working.

edited to add:
I've just downloaded and read some of his book,.. not very impressive in my view. 

I'd rate the book at 0 out of 10 for comprenhensability. If he has a point he should make it simply. The points he does make seem completely silly, like that all banks have a concious and continuing desire to defraud you, and that they murder people.


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## PiedPiper (30 Aug 2011)

I think the whole bank securitization thing is very frightening.

That whole freedom from debt movement is gathering speed and I will be going along.  If the guys little book gives one person an tiny ray of hope in these dark times or keeps them fighting long enough to stay alive its a job well done.

There is no doubt that there is a massive increase in sucide and debt related deaths and its not completely silly or some thing to be flippant about if its some one close to you.

‘Get Out Of Debt’ meeting takes place on Monday next – 29th August 2011, in The City North Hotel, off the M1 (at the Julianstown Exit) from 7pm – 10pm.
At this meeting we will introduce you the truth about:
· The nature of debt
· How the banks operate
· How to interact with the bank
· What you need to know to get out of debt
· The importance of understanding the power you have to challenge the bank

Your debts are not legitimate and you do not own the bank any money.... it doesn’t matter what your ‘agreements’ say, it doesn’t matter what the bank says and it doesn’t matter what the legal system will tell you about your rights. What matters most is that you learn how to deal with the system and help the banks to realise that they are wrong in what they are doing and how they are doing it.....

Come along on Monday and learn how to deal with debt collectors, third party interlopers and hear about the options you have in relation to ‘legal summons & judgements’


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## Commercial (30 Aug 2011)

Was that not yesterday?


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## Brendan Burgess (30 Aug 2011)

Commercial said:


> Was that not yesterday?



Typical comment from one of the establishment! 

You are just trying to constrain us all with your conventional ideas of time.

We Freemen reject all constraints of law, order, contract, civil society and time itself. 

If we want to plan a meeting today for yesterday, then we will do it. It's much easier anyway to plan a meeting the day afterwards. You don't have to come to the meeting if you don't want to. But you would be very welcome anyway if do decide to come along. 

Brendan


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## Sunny (30 Aug 2011)

What a load of absolute nonsense. If he did get his mortgage written off it was probably because the bank put him down as being mentally unstable.


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## steevo51 (30 Aug 2011)

What a load of tosh.

Prove it? Here is a scan of your original mortgage agreement, a copy of  cheque I gave you to buy your house, proof that the builder of your  house cashed the cheque and here are your monthly payments coming into  our account from yours under the same agreement.

I have worked in insurance and a scanned original proposal form was enough for me as a broker to take out any type of policy, I have never heard of a case of where cover was denied due to no original form or a case taken against an insurer for the same reason. Banking is not too dissimilar.


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## frostie (5 Sep 2011)

Brendan Burgess said:


> Typical comment from one of the establishment!
> 
> You are just trying to constrain us all with your conventional ideas of time.
> 
> ...


lol


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## xanadu1 (5 Sep 2011)

Brendan Burgess said:


> Typical comment from one of the establishment!
> 
> You are just trying to constrain us all with your conventional ideas of time.
> 
> ...



No, no, you've got it all wrong! You have to sign it "BRENDAN (TM) OF THE ANCIENT HOUSE OR BURGESS (NO CONTRACT", so that it's only your straw man. Or something. They really do have a lot of peculiar little magic phrases.


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## frostie (5 Sep 2011)

xanadu1 said:


> No, no, you've got it all wrong! You have to sign it "BRENDAN (TM) OF THE ANCIENT HOUSE OR BURGESS (NO CONTRACT", so that it's only your straw man. Or something. They really do have a lot of peculiar little magic phrases.


The Strawman, or in medical terms, schizophrenia - have you seen the video? Unbelieveable


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## monagt (5 Sep 2011)

We can't trust the banks to run a burden sharing process - today's Irish Times has more tales from besieged borrowers. [broken link removed]


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## frostie (5 Sep 2011)

monagt said:


> We can't trust the banks to run a burden sharing process - today's Irish Times has more tales from besieged borrowers. [broken link removed]



It still doesn't mean you can trust Darrell O'Dea for legal advice. The story you are referring to shows exactly why proper regulation and an independent review panel, similar to the Credit review office, is needed in the forthcoming legislation on debt relief.


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## Bronte (6 Sep 2011)

I don't really understand this thread but even if the bank did lose your mortgage agreement it would be registered as a mortgage in the land registry and they wouldn't need more than that as proof you owed the money.  So far there has not been one court case where the bank has been thrown out of court for not having a mortgage document that I can recall, if there was it would have been all over the papers.  

In any case there is no way banks are shredding important documents, the mortgage document is probably in the same box as the title deeds whereever the banks store important documents.  There have been cases where these have been lost.


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## greencl (6 Sep 2011)

folks
i know Darrell from his days of 2006 sharing his ideas in property investment events at Grand canal hotel, if you listen to his investment models and calculations, no one call him mentally unstable, ofcourse all calculations went wrong and also as values were decimated, his calculations look more wrong now. i also followed his efforts to chase blank of Ireland from 2009 to redeem his mortgage, if at if this news is true then fair paly to him. The only funny thing i find in his whole story is he urged or encouraged many investors to build so called investment portfolios by taking debt, that property investment is the best investment and forcefully argued not to spread your bets across asset classes, now Darrell is encouraging people not to pay debts as property investment is history. next what will he do? take loans and invest in gold and Zinc and then dont pay up....other than that i would take him very seriously and praise his efforts, fair play he is winning


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