The story begins with our monetary system, known as the 'Fractional Reserve' system. As you probably know, banks bookkeeping revolve around 'assets' (loans) and 'liabilities' (deposits). Under the fractional system, when a deposit is made (say you just sold your car for £10,000 and you go to the bank to deposit it in your account), the bank has to keep a certain percentage (generally this is ten percent) as a 'reserve' - this covers the number of depositors who withdraw their funds within a specific time period (generally, not all depositors will do this at the same time - when it occurs, it is called a 'run' on the bank - the banks reserves cannot cover the depositors demands; anyone remember Northern Rock?)
Therefore, of the £10,000 made as a deposit, £1000 is kept in 'reserve', with the remaining £9000 becoming 'excess reserve' and used as the basis for new loans. Now, stay with me, the very important point is coming, and is best illustrated with an excerpt from Modern Money Mechanics:
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If business is active, the banks with excess reserves will have opportunities to loan the £9000. Of course, they do not really pay out loans from the money they receive as deposits. If they did this, no additional money would be created. What they do when they make loans is to accept promissory notes in exchange for credits to the borrowers' transaction accounts.
Loans (assets) and deposits (liabilities) both rise by £9000. Reserves are unchanged by the loan transactions. But the deposit credits constitute new additions to the total deposits of the banking system.
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You should digest this, re-read it and let it sink in. The implications of the above paragraph are astounding. If the new loans for £9000 don't come from the money they receive as deposits (and, of course, they can't come from the reserve), where does the money come from? Are you ready for this? NOWHERE!!! The money is created out of thin air! When you sign a loan agreement, the bank accepts this as a promissory note - this is your promise to pay back to the bank (with interest). You agree to pay back this money, in return having someone type in a few digits on a computer and - voila - new money is created. Even better, when the operator does this, of course, it becomes a new deposit - from which ten percent is held in 'reserve' and the 'excess reserve' can feed even more loans! Even more money created from nothing. Bear this all in mind now, as I turn the focus onto contract law.
Let's start by defining a contract:
Contract - A contract is an agreement between two parties by which both are bound by law and which can therefore be enforced in a court. Contracts are distinguished from 'agreements', which are not binding, and from 'promises', which are enforceable but unilateral.
A contract involves one of the parties making an 'offer'. There are generally two ways in which an 'offer' is made. A 'straightforward offer' - when you sell your car, for example, you might say "Do you want to buy my car for £10,000?" You are making a direct offer. The second option for an offer is known as 'invitation to treat' - if your car is being sold at auction, for example, the car (lot) is the 'invitation to treat', and the bids on the car are the 'offers'.
The contract is made when there is 'acceptance' of an 'offer'. The person you asked directly may respond 'Yes'; the auctioneers hammer concludes a successful bid. Both the 'offer' and 'acceptance' have to be communicated' - this is the foundation for a written contract.
For a contract to be legally valid, both parties must give 'consideration'. This is a very important point, so please stay with it. Consideration is 'quid pro quo' - something in return for something else. One party agrees to do something and the other party agrees to 'something else'. As we have already found out, in the context of a loan agreement, your 'consideration' is the promissory note - your promise to pay the bank with interest. Consideration from the bank is the creditation of your account with the agreed sum.
Now for the bombshell - the rules of 'consideration' say that 'Consideration need not be adequate' - it is not for the law to say whether a contract was a fair one, if one party wants to sell his comb, as a ridiculous example, for £10,000 and the other party agrees to buy it - well, that's their business! Most importantly, however, 'Consideration must be sufficient' - this has a precise legal meaning in that:
a) Consideration is sufficient if it is real.
b) Consideration is sufficient if it is tangible.
c) Consideration is sufficient if it has discernible value.
And so, after quite a long ramble, we can return to our friends at the local bank, and their reasons for not contacting me to discuss these issues. When you go to the bank and apply for a mortgage, you 'accept' their 'offer' of a mortgage, then you sign the papers that seal the contract. You give 'consideration' in the form of the promise to pay back the sum, with interest, and the bank credits your account for the agreed sum. The credit to your account of this sum is the 'consideration' given by the bank in the contract, but the money is created out of nothing, as we saw from our look at the fractional reserve system. Since the rules of consideration specifically state that 'consideration is sufficient if it is real', as soon as you sign the contract at the bank, the bank has breached the contract by 'insufficient consideration'. The money, which never existed in the first place, is 'not real'!
What does this all mean, then? well if you do not have a mortgage, you cannot test this hypothesis, but from my research one thing is very clear - it would appear that every mortgage provided by a bank is illegal due to breach of the 'rules of consideration'. I don't want to influence anyone here, I'm just presenting the facts, but I'm sure you will understand the implications of what I've talked about. All loans are pretty much the same, whether it be a mortgage, a loan or a credit card. All of the contracts for these systems must be illegal, because the money is created from nowhere - it didn't exist, and therefore fails the 'rules of consideration'.