Viewing posts categorised under: Residential
Identity Theft: A Homeowner’s Nightmare
11Jan
Identity Theft: A Homeowner’s Nightmare
Residential

Identity Theft: A Homeowner’s Nightmare

 

When Ayako got the first call from the bank, she thought it was a prank. They were threatening to take her home if she didn’t make her mortgage payments. But she had lived there for over 10 years, and had been making all her payments on time. After several more calls, she decided to investigate.

She discovered to her horror, a second mortgage on her home she had never taken out. A thief had stolen her identity and put a $320,000 mortgage on her home, made payments for a year and then stopped. By the time Ayako put everything together, the bank had already served her a foreclosure suit.

But Ayako’s lawyer had recommended CTIC’s title insurance when she had bought her house. We paid the legal fees, had the bank dismiss the lawsuit and had them remove the fraudulent mortgage from Ayako’s house. Luckily for the bank, they had title insurance too, so they recovered their losses as well.

Nightmare stories like Ayako’s come up every year, but they only have happy endings with the security title insurance provides. Thanks to her lawyer’s understanding of that protection, it was a nightmare she was able to wake up from.

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Protecting the Elderly from Financial Fraud
24Sep
Protecting the Elderly from Financial Fraud
Residential

Protecting the Elderly from Financial Fraud

 

Jack came to Faye’s law office looking to refinance his elderly father’s mortgage. When Faye asked him further, Jack presented a homemade power of attourney naming himself as his father’s representative. Suspicious, Faye contacted Jack’s father, who said he was confused, or just deferred questions to Jack. But when she asked him if he understood his son was taking out a loan against his house and he answered “No,” Faye refused to act in the transaction.

Real estate lawyers play a real part in protecting the elderly from being taken advantage of, even by their own families. Consider these best practices at your law practice:

  • Never lose sight of who you represent. If your client’s child or even spouse does all the talking, politely ask them to step out for a moment. Your client may feel more empowered to speak up one-to-one.
  • Bring your own translator. Be wary of family or caregivers translating for your elderly client. Have at least one meeting with a third-party translator to make sure your client can really understand and consent.
  • Verify power of attourney. Never take documents at face value and always make sure the power of attourney is valid and not being abused.
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A Builder’s Oversight Almost Cost the Sale
24Sep
A Builder’s Oversight Almost Cost the Sale
Residential

A Builder’s Oversight Almost Cost the Sale

 

It started with a call from Arpan. He was a lawyer and his clients were selling their house, which they had bought new from a builder back in the 80s. In their subdivision, the houses were spaced so closely together that to do any maintenance work on the eavestrough or roof, the homeowner had to access their neighbour’s backyard.

This comes up surprisingly often. Normally, the builder registers a maintenance easement to provide access to the other property. But it turned out the builder had forgotten to, and Arpan’s clients were in a bind. The purchasers of their home were demanding they get the easement themselves, a long process that would take time Arpan and his clients didn’t have.

Arpan’s clients could provide a declaration they hadn’t had trouble accessing the neighbour’s property since they’d moved in. That was enough for us, and we got to work. CTIC provided full coverage to the purchaser’s lender; Identified Risk Endorsement to the purchasers themselves, in case the neighbour ever tried to deny access; and marketability coverage on the title, so the protection passes to whoever buys the home next as well. Thanks to that security, the deal went through without a hitch.

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