"Todd H." wrote in message ...



Sounds like a ****ty situation. Sorry to hear it!

If the Land Title Office is where they record mortgages as a matter of
public record,

Well, this is what it is I'm trying to find out.

(FYI, I forgot to mention, I'm in B.C, Canada.)

then that's where to go.
Or you could tell the president of the bank what's going on and how
the senior loadn officers aren't providing you information you need
and you're not sure if you can keep repaying the loan without it.

Or you could tell you ex that you need a copy of the agreement or
you'll have to suspend payment and have a nice friggin life. You'll
have to be prepared to take a credit rating hit if she decides to join
you in non-payment.

Well this person I'm

Here in the US at least, the mortgage which documents the bank's lien
against the property and their right to foreclose on it in case of
loan default, is a separate document from the Note which outlines the
terms of the loan repayment, payments, due dates, parties owning
against the loan. The Note typically isn't a matter of recorded
public record and would be something you'd need to get from the bank
anyway.

Yes, now that you mention it, the idea of the Land Title Office, a public
records repository, holding a copy of one's mortgage agreement wouldn't seem
to make a lot of sense, would it. I have been planning on going back to the
bank to insist they give me what they've so far evaded providing. But I
have to bear in mind what that lawyer told me, in that the bank DOES NOT
HAVE TO give me a replacement copy of my mortgage agreement. Such would be
completely voluntary on their part. So I have to press for what I want
without being perceived as any way objectionable or annoying in any way. So
this time I will ask to see the most senior loans officer (the one that I
sense my co-mortgager is 'cozy' with...). However, in case I continue to
get the run around yet again, I first want to get as many of my "ducks in
order" as possible. Maybe if I can go in there armed with more knowledge
and awareness pertinent to what I'm requesting, they won't feel quite so at
liberty to underestimate and insult my intelligence this time.

Ken



--
Todd H.
http://toddh.net/


"Ken" writes:

I'm in a shared mortgage/home ownership situation where in the
relationship with the co-mortgager/co-owner has gone sour. She says
she's going to buy me out, yet I know she has not the means to do
this. I've had enough of what I consider to be this person's game
playing, and I've decided to go forward with steps to force sale of
the house if necessary, in order to free myself of this whole shared
home mortgage/ownership 'mistake'.

However, my copy of the mortgage agreement has mysteriously gone
missing from my filing cabinet (which I never thought to lock, until
now) while the co-mortgager/co-owner refuses have photocopied for me
(let alone let me see), her copy of the mortgage agreement. When I
went to the bank (which the mortgage is with) to ask for a replacement
copy of the mortgage agreement, they promised they would get it to me
the next day. Then they stalled and dragged their feet and it looked
to me that they just weren't very motivated in getting this to me.
(Note it just so happens that the co-mortgager/co-owner is on cozy
terms with the senior loans officer at the bank.)

Then after pressing them, they finally handed me a mere two page
mortgage balance statement with the co-mortgager's and my signatures
on it and tried to tell me that this was a complete photocopy of the
original mortgage agreement. Not wanting to argue then and there, I
took what they gave me and consulted with a real estate lawyer. The
lawyer promptly informed me that the bank has no legal obligation to
provide me with a replacement copy of my original mortgage agreement.
When I asked him, "How then can I go about obtaining a copy of my
original mortgage agreement?", he briefly mumblied something about
"I'd start with the Land Title Office, see what happens, and then go
from there...". Basically in a round about way he basically made it
clear that he wasn't going to tell me exactly how to go about this
just so I could then go about the process of getting it on my own.
Unfortunately I don't have gobs and gobs of money just lying around to
pay him thousands of dollars to run legal errands for me.