Bank says plaintiff’s arguments are “phantasies and delusions”

POSTED: 10/7/13 12:50 PM

Court rules October 18 on mortgage-dispute

St. Maarten – The Court in First Instance will rule on October 18 in the dispute between Elaine Christopher and the Windward Islands Bank. Christopher took the bank to court claiming that her mortgage contract is fraudulent and to ask the court to stop the auction of a piece of property she owns in Statia. Since the auction has been scheduled for October 9 and the court ruling will only be pronounced on October 18, it seems that the auction will simply go through.

This newspaper reported extensively about Christopher’s motives on September 25. Friday a week ago the summary proceedings were postponed for unclear reasons to last Friday, when she repeated the arguments to make her case this newspaper already published.  “The contracts are void because the WIB did not own prior title to the money they claim to have loaned me, and because WIB withheld information relating to the manner in which they managed my accounts,” Christopher said. The third reason the plaintiff presented is “the foreclosure of the WIB on December 25 of last year.” This is based on a change in the Uniform Commercial Code, according to Christopher “the legal framework within which all corporations, including banks, operate worldwide.”

Willem Nelissen, the attorney for the Windward Islands Bank said in his plea to the court that the bank had read the plaintiff’s petition “with serious interest.”  The attorney said that the only thing that is clear is the WIB’s intention to execute its mortgage rights on a parcel of land in Zeelandia on the island of Statia.

The petition, Nelissen said, contains one recurring theme: “The plaintiff is for inexplicable reasons of the opinion that there is no valid contract and as a consequence she thinks that she does not have to repay her loans and that the WIB is not entitled to execute its mortgage rights.”

Attorney Nelissen pointed out that the Uniform Commercial Code Christopher refers to in her petition is not current law in St. Maarten. “It is American legislation that harmonizes trade law between states. This law did not result in the foreclosure of all American banks, or of any bank in St. Maarten. It is an absurd position that does not deserve any further attention.”

Nelissen described the Uniform Commercial Code argument as a phantasy and wondered whether it is being taken seriously anywhere in the world. “According to the plaintiff changes have been made in the UCC on Christmas Day 2012. “The consequence is that worldwide all government services and banks – among them the WIB – have been foreclosed. I had never heard of this before. It is quite something.”

The attorney said that the bank is willing to stall the auction of the land in Statia if the plaintiff is prepared to pay off her loans. “The WIB prefers this to having to make efforts to auction the parcel of land in Statia. The petition makes clear that the plaintiff is not prepared to do this.”

Other arguments put forth by Christopher also failed to impress the bank’s attorney. “The position that the money the bank loaned to the plaintiff is not the bank’s property is not a serious position. It is any way irrelevant for the validity of the loan contract and the granted credit facility. It is a fact that the plaintiff is in default.”

The bank asked the court to sentence the plaintiff in all costs of the salary for its legal representative. “The bank has been forced by the plaintiff’s delusions to make these unnecessary expenses and should not become the victim of this.”

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Comments (4)

 

  1. Boo-boo says:

    I bet she owes all her friends, I should say ex-friends, money also. Damn bad-pay.

    • wake up says:

      This brave lady is fighting the WIB, not just for herself, but for everyone who is a debt slave to the banksters. She is exposing their crimes and deserves our support.

      • Ayran says:

        I agree, wakeup — it’s time to wake up, have a good look around, and see that there is a whole worldwide movement now underway to stop the whole corporate and especially banking sytem that has been ripping off ordinary people for yonks !!!

  2. ajavajive says:

    As Wake up states, this is a brave lady standing up to the corrupt banking system. Many of us are. There is no delusion involved. It is called cover up, deception, fraud, and many other things. If you think the banks lend you money from their vaults you are being mislead. The only potential of value on the planet comes from the people, us. We have been conned into giving away our freedom, labor, rights, and natural abundance that flows from our creative BEing to these thugs and bullys that have taken over every resource in the world. Seriously if you know nothing about this yet please take the time to see if I might be telling you the truth.