Deed Of Assignment "help"

[dave27]

Re: Deed Of Assignment "help"

Pre-contract information - The Office of Fair Trading

The EU Directive precedes the Distance Marketing Regs 2004, which of course could be of benefit.

thanx AC,

i never thought of DMD / EUD having any relavence on credit cards.
we learn something new every day

again, thanx

dave

[Ihaterbs]

Re: Deed Of Assignment "help"

You're lucky to get your hands on the Deed, they rarely give these out. It's all fine EXCEPT I'm not sure how it can be given over and signed as received by the same person -ie- both signatures the same. My educated guess is that it is OK.

I obtained the master deed including purchase price details on Yorkshire Bank and Clydesdale accounts.

After close scrutiny the master deed contract was concluded AFTER the notice of assignment was issued rendering the NOA void.

[CleverClogs]

Re: Deed Of Assignment "help"

You're lucky to get your hands on the Deed, they rarely give these out. It's all fine EXCEPT I'm not sure how it can be given over and signed as received by the same person -ie- both signatures the same. My educated guess is that it is OK.

Apart from the date?

If the date on the purported deed of assignment was actually as it appeared here and that the date of "SOMETIME IN JULY" had not been used to redact data from the published copy, I believe that the deed might not be valid.

[dave27]

Re: Deed Of Assignment "help"

Apart from the date?

If the date on the purported deed of assignment was actually as it appeared here and that the date of "SOMETIME IN JULY" had not been used to redact data from the published copy, I believe that the deed might not be valid.

could you put that in more laymans terms please.

dave

[CleverClogs]

Re: Deed Of Assignment "help"

since when do we use "Attorneys" in the UK

But don't we have an Attorney General?

We know that he isn't a General, but do you mean that he's not even an attorney?

[Curlyben]

Re: Deed Of Assignment "help"

Apart from the date?

If the date on the purported deed of assignment was actually as it appeared here and that the date of "SOMETIME IN JULY" had not been used to redact data from the published copy, I believe that the deed might not be valid.

What about the rest of this document.
The date is just the crowning glory on this work of fiction..

[dave27]

Re: Deed Of Assignment "help"

What about the rest of this document.
The date is just the crowning glory on this work of fiction..

sorry, its the 8th of july.

i changed it to sometime in july

and both of the signatures are "david cohen"

dave

[CleverClogs]

Re: Deed Of Assignment "help"

I wonder who would represent the parties if the Assignee were to sue the Assignor and, more importantly, what the SRA might have to say about this arrangement.

[Sparkie1723]

Re: Deed Of Assignment "help"

My take on the deed of assignment is that it is not valid.....for reason the signatures on the Deed have no independant witness,
Also I do not think it is acceptable for any person no matter who sign such an important legal document such as a deed for both parties especiall without a witness signature.

Even if a solictors swears an affadavit in submission to the Courts....he must have it verified and a commissionaire of oaths to witness it.
Marriage certificates must be witnessed.....lots of documents must have independant witness signing of title deeds for a secured loan or mortgage is the best example I can think of ......it is a DEED

Just my unqualified opinion and view.

Sparkie

[dave27]

Re: Deed Of Assignment "help"

My take on the deed of assignment is that it is not valid.....for reason the signatures on the Deed have no independant witness,
Also I do not think it is acceptable for any person no matter who sign such an important legal document such as a deed for both parties especiall without a witness signature.

Even if a solictors swears an affadavit in submission to the Courts....he must have it verified and a commissionaire of oaths to witness it.
Marriage certificates must be witnessed.....lots of documents must have independant witness signing of title deeds for a secured loan or mortgage is the best example I can think of ......it is a DEED

Just my unqualified opinion and view.

Sparkie

my research comes up with that notion aswell.

just think, walking into a church and saying "i am marrying cheryl cole today"

oh, very nice says the vicar. were is she????

dont worry "i'll sign for her"

then walking into howard cohens 3 month later for a divorce and 50% of her fortune.

Mmmm sounds good

dave

[dave27]

Re: Deed Of Assignment "help"

this is an interesting read.

http://www.publications.parliament.u...271/127104.htm

this section might clear up the witness signing.


Removal of inconsistencies and anomalies



39. There are inconsistencies in the current legislation with respect to what it means for a deed or document to have been executed and, in particular, whether the act of execution properly includes or supposes that the document has or will also be 'delivered' as a deed. The three relevant Acts provide definitions of execution in these ways:

Section 36A(5) of the Companies Act 1985 states that "A document executed by a company which makes it clear on its face that it is intended by the person or persons making it to be a deed has effect, upon delivery, as a deed…". The Law Commission and the Department consider that this definition supposes that execution and delivery may be separate actions and that a deed may therefore be executed but not delivered until some later point in time.

Section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 refers to an instrument being validly executed as a deed where it is signed by the person making it, attested by witness(es) and delivered either by that person or by someone authorised to do so on his behalf. All of these actions must be performed for a deed to be made and have effect.

Section 74(1) of the Law of Property Act 1925 refers to a deed having been duly executed if it is sealed and attested by appropriately qualified persons. In these circumstances, "the deed shall be deemed to have been executed in accordance with the requirements of this section, and to have taken effect accordingly". There is no reference to delivery at all.

40. The Department considers that there was no intent to establish different regimes for the full execution of documents in the passage of the three Acts but that their meanings are inconsistent and have caused legal uncertainties in practice. It proposes to resolve these ambiguities in amendments to the Law of Property Act 1925 (Article 4 of the proposed order) and the Companies Act 1985 (Article 6). The effect of these amendments will be to ensure that all three Acts will contain parallel provisions which define the valid execution of deeds as involving both execution and delivery.


41. A further area of inconsistency identified by the Department concerns provisions relating to attestation by witnesses of the signature of deeds by appropriate persons. Section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 requires that the signatory of a deed must sign in the presence of a witness and that the witness attests the signature. Provisions in Section 74 (3) of the Law of Property Act 1925 require that a witness be present at the signing of a deed, but no formal attestation is required.

42. The Department proposes in paragraphs 3 and 4 of Schedule 1 to the Order to amend the Law of Property Act 1925 to require that witnesses to the signature of deeds and other instruments shall also attest the signature.

43. We consider that the Department has correctly described anomalies existing in the current legislation and that its proposal will have the effect of removing them.

dave

[CleverClogs]

Re: Deed Of Assignment "help"

my research comes up with that notion aswell.

just think, walking into a church and saying "i am marrying cheryl cole today"

oh, very nice says the vicar. were is she????

dont worry "i'll sign for her"

then walking into howard cohens 3 month later for a divorce and 50% of her fortune.

Mmmm sounds good

It wouldn't work, Dave. That delectable wench had previously married some football player and, whilst she has been divorced for some months, her marriage has not been annulled.

As a divorced person, she could not be married in a Church of England ceremony.

[CleverClogs]

Re: Deed Of Assignment "help"

A further area of inconsistency identified by the Department concerns provisions relating to attestation by witnesses of the signature of deeds by appropriate persons. Section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 requires that the signatory of a deed must sign in the presence of a witness and that the witness attests the signature. Provisions in Section 74 (3) of the Law of Property Act 1925 require that a witness be present at the signing of a deed, but no formal attestation is required.

42. The Department proposes in paragraphs 3 and 4 of Schedule 1 to the Order to amend the Law of Property Act 1925 to require that witnesses to the signature of deeds and other instruments shall also attest the signature.

43. We consider that the Department has correctly described anomalies existing in the current legislation and that its proposal will have the effect of removing them.

In this case, the "attorney" for the assignee seems to have witnessed the signature of the "attorney" for the assignor and vice-versa. It is just a pity that those two witnesses seem not to have appended their names and signatures.

Perhaps you should send an intact and uncommented copy of the original to the SRA - link - and ask them if they believe it is quite acceptable.

[WendyB]

Re: Deed Of Assignment "help"

It wouldn't work, Dave. That delectable wench had previously married some football player and, whilst she has been divorced for some months, her marriage has not been annulled.

As a divorced person, she could not be married in a Church of England ceremony.

Not strictly true. It's at the Vicar's discretion and has been for years. I was divorced then got married in a Church of England ceremony. That was 23 years ago.

[CleverClogs]

Re: Deed Of Assignment "help"

Not strictly true. It's at the Vicar's discretion and has been for years. I was divorced then got married in a Church of England ceremony. That was 23 years ago.

So why didn't Prince Brian get remarried in church?