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Letter to the Editor

 


The following ‘Notice of Appeal’ letter was submitted to the Akwesasne Mohawk Court regarding various issues on a housing loan. If anyone else in the Akwesasne community has any issues with the MCA Housing Department in regards to interest applied to their housing loans, unsigned mortgage agreements, unprecedented mortgage reviews, etc…… please contact me, Dave White at 613-933-8784.

NOTICE OF APPEAL

Nelson David White

Rosemarie White

29 McCumber Rd. North

Reserve #59

Akwesasne, ON K6H 5R7

September 23, 2011

Mohawk Court

Reserve #59

Akwesasne, Ontario

K6H 5R7

Shekon,

On June 27th, 2011 at 1 pm, a meeting was held in Kanatakon to discuss the housing loans between the MCA Housing Department and Nelson and Rosemarie White. In attendance at the meeting was Nelson and Rosemarie White, Sandra Benedict (Director of Housing), Chief Joe Lazore, Chief Florence Phillips (Housing Portfolio holder), Chief Louise Thompson, Chief Brian David and Chief William Sunday.

The items discussed at the meeting were the interest incurred in the housing loan, a septic loan and a renovation loan. Two resolutions were produced. One resolution is dated April 1968 and the other is dated March 6, 1991. Serious discrepancies were noticed during the meeting. An unsigned mortgage agreement, no review done on the waiver of interest on loan (resolution form), septic credit (not added), and a 1991 renovation loan (MCA sent check to supplier without consent of borrower), were some that were found.

On July 20, 2011, a monthly housing committee meeting was held. Present at the meeting was Chief Florence Phillips (Housing Portfolio holder), Chief Larry King (Kanatakon Rep), Chief Abram Benedict (Kawehnoke Rep), Esther Jock (Social Community Services), Leona Delormier (OVS), Noni Tarbell (Housing), and Sandra Benedict (Chair). At this meeting, discussions were made concerning the June 27th meeting. The Housing Committee found no discrepancies with the loans except the 50% credit for the septic system, in which my wife and I disagree.

We’re submitting this appeal against the Housing Committee’s decision to the Mohawk Court. We feel an injustice as been done, unfair bias decisions have been made and in lieu of all other acts of discretion, we deserve an honest answer on the Housing Committee’s decision. I’m hoping that in the Mohawk Court, we can rectify with integrity all the accurate details and facts in this case.

Grounds for Appeal

The Housing Committee’s decision exceeded its jurisdiction by enforcing its mortgage in the face of a clear violation of the statute of fraud. An unsigned mortgage is no mortgage.

The Housing Committee acted contrary to the evidence and did not comply with the rules of natural justice.

The Housing Committee acted without lawful authority in collecting interest on a loan which has not been assessed, according to the previous resolution of the Band Council.

Such further and other grounds as counsel may raise and this honourable court permit.

Yours truly,

Nelson David White and Rosemarie White

 

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