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Old 11-24-2012, 12:45 PM   #1
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Anyone know of a good civil lawyer?

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Old 11-24-2012, 12:54 PM   #2
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Did they stop making payments on the mortgage or what? I find it really hard to believe that their house was sold out from under them when they would of had to been notified by the bank and such. If it's been sold by the supreme court already I'm sorry but there is nothing that can be done.
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Old 11-24-2012, 01:43 PM   #3
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^Doesn't sound like he is giving all the details...

Canadian Bar Association on Foreclosure

Quote:
What happens if you miss a mortgage payment or make a late payment?
What happens if you miss a mortgage payment or make a late payment?
You do not automatically lose your house. Lenders don’t want to foreclose if they don’t have to because it is expensive and takes a lot of time. A lender will probably not start to foreclose until two or three months after you stop paying. Normally, a lender will first send letters demanding payment. Then, if you don’t reply, the lender will usually start to foreclose and sue you at the same time.

The law tries to help you if you have a good chance of paying what you owe and if you try to get your finances in order. Only in the worst case may you lose your house and any “equity” you’ve built up in it. Equity is the amount that your house value exceeds your mortgage loan and any other debts that other lenders have registered against your house.
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If a lender starts to foreclose, what happens first?
If there’s a Supreme Court Registry where your house is located, the lender has to start legal proceedings there. You will receive a document called a “petition for foreclosure”, which is the lender’s notice to you that they are asking the court to help them get back the money they loaned you.

What should you do if you receive a petition for foreclosure?
Get legal advice right away. And if you want to protect yourself and take part in the court proceedings, you must file a Response to Petition (with supporting affidavits) within 21 days of getting a petition for foreclosure. You must file the Response at the court address shown on the petition. You also have to deliver 2 copies of your Response to the lender. Once you do this, no one can take any steps in the foreclosure without notifying you. If you don’t file a Response, the foreclosure will go ahead without you, and you won’t be able to protect yourself. After you file the Response, you will get a document called a “Notice of Hearing,” which tells you when the lender will ask the judge for the “order nisi” to start the foreclosure.
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Old 11-24-2012, 03:51 PM   #4
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from what bing posted it sounds like OP's parents are at this stage:

Quote:
If you don’t file a Response, the foreclosure will go ahead without you, and you won’t be able to protect yourself.
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Old 11-24-2012, 04:04 PM   #5
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Well the thing is the parents who were the homeowners didn't even know about the foreclosure until the new buyer came to the house otherwise they would have filed a response...
Anyhow long story short, if somebody can recommend a foreclosure lawyer that would be great...
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Old 11-24-2012, 04:44 PM   #6
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Do your parents speak engrish?
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Old 11-24-2012, 06:16 PM   #7
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^ get the fuck out of here with that shit
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Old 11-24-2012, 07:18 PM   #8
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Quote:
Originally Posted by CL_S View Post
Well the thing is the parents who were the homeowners didn't even know about the foreclosure until the new buyer came to the house otherwise they would have filed a response...
Anyhow long story short, if somebody can recommend a foreclosure lawyer that would be great...

How sure are you that they are telling you the 100% truth. Maybe they're lying to you (or bending the truth) not because they're liars by nature but maybe perhaps they may have too much pride to admit to their kin that... they fucked up?

(Sorry that was blunt but I'm honestly not trying to be mean; If I were in their shoes, my embarrasment might also lead me to be dishonest about the reality of my situation)



But anyways, sounds pretty hard not to know you're being foreclosed. I mean, not only will you get your fair share of notices from the lenders, but you yourself will know that you haven't been paying your mortgage in months.

I mean, how does one slip up 3 months of mortgage? Like do they get surprised everytime they check their bank account that there's an accruing amount of money the size of 1, 2 or 3 mortgage payments?
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Old 11-24-2012, 07:27 PM   #9
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Old 11-24-2012, 07:52 PM   #10
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If the Supreme Court of BC issued a court order to sell the home, not much can be done. However, you can look into the following:

You can try appealing the foreclosure decision to the Supreme Court of BC (the court that advanced the court order to foreclose). You have to make a case that it is your home and that foreclosure is putting you out on the street blah blah blah, that there was a big misunderstanding/communication failure and that you are willing to pay for the outstanding arrears and court fees of the mortgagor/lender.

You might want to look into appealing the Supreme Court of BC decision to the Supreme Court of Canada, but this is a long and daunting process, and needless to say - very expensive. Also, you are not guaranteed that the SCC will find merit in your claim even to hear the appeal (it is very hard to get a leave to appeal to the SCC).
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Old 11-24-2012, 08:54 PM   #11
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