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Old 07-11-2007, 07:02 PM
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Join Date: Jul 2007
Posts: 2

2nd mortgage power of sale


What is the name of your state? Ontario Canada
I know the laws might be a bit different, but looking for some advice,
I was served back in May 30 with a power of sale notice from my 2nd mortgage which I thought was paid off 6 years ago.
I called the lawyer that sent me the notice and on it it states that I have not made a mortgage payment in over 6 years and they are looking for 21,000 original mortgage plus another 67,000 in iterest charges plus leagal fees, for a total of 94,000 and change.
I told him as far as I'm concerned that mortgage was paid, the problem is I don't have any paper work to prove it, the original mortgage was taken out in 1989.
It turns out the original mortgagee ( private) sold the mortgage on May 27, for 10,000 to this new individuel and on May 30 I was served with the notice.
The lawyer said the mortgage was in arreas, I said I did not know what he was talking about because I did not receive any documentation stating that or for me to send some more post dated cheques, the lawyer said his client just purchased this mortgage and wants his money.
When I was served they also served my tenants to redirect all rent payments to them.
Over the years there was a lot of verbal agreements with the previous mortgagee but than again the only thing I have is some of the cheques that I wrote to him not all of them .
I'm in good standing with my 1st mortgage and I'm not sure how it will effect me with them.
I have tried on my own to negotiate with the lawyer I offered him the complete mortgage in good fate (21000) just to make them go away they would just have to waive the interest, his reply was no thank you my cliant is greedy he wants the full amount.
I asked him to provide me with a complete break down of how he came up with these figures in the last 5 years because I was able to find the last cheque which was July 2002, up to now he says he does not have to give me anything but he will do me a favour and provide me with that information on July 13, 2007. The deadline for the power of sale was July 9. What can I do? is this all legal, I have called a couple of laweyrs and they want 10,000 up front to begin letigagting.
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Old 07-12-2007, 05:44 AM
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Join Date: Oct 2006
Posts: 1,125
US LAW ONLY!

You need to see an Atty there and deal with the situation according to Canadian law!
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