On Apr 13, 10:18 pm, "Ken Moiarty" wrote:
Good stuff. Thanks.
Ken
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"Todd H." wrote in ...
"Ken Moiarty" writes:
"Todd H." wrote in ...
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.)
Here's a group that might tell you your rights to a copy of your
agreement:
http://www.fcac-acfc.gc.ca/eng/default.asp
THese folks in BC may be able to tell you more or be a place to lodge
a complaint against the professional conduct of a mortgage lender,
asking for the Ministry of Finance:
http://www.gov.bc.ca/bvprd/bc/channe...hannelID=-8353
Or,
http://www.fic.gov.bc.ca/responsibil...e/overview.htm
Or submit a complaint against the institution directly. Banks really
hate it when their regulators contact them about such issues.
http://www.fic.gov.bc.ca/Complaintfo...ries_form.aspx
Be succcinct and simply indicate your desire for a copy of your
mortgage agreement because it has been lost and that your lender has
not been cooperative in providing you a copy of your full mortgage
agreement. Leave all the drama out of it.
Good luck!
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Todd H.
http://toddh.net/- Hide quoted text -
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One more suggestion, but this might be most important of all. Get a
new lawyer. The lawyer is likely correct on the law. Barring some
special banking consumer rights law or similar, I wouldn't think the
bank would have to give you a copy. However, virtually all would
just as a matter of reasonable fairness. But, are you paying this
lawyer to give you rulings on law favorable to the other party, or are
you paying him to solve YOUR problem? If the guy was any decent
lawyer, he would have written a short 2 minute letter to the bank
telling them he is representing you on a legal matter and he needs a
copy of the document.
And I agree, you should get the mortgage to be absolutely sure of what
it says. But, in my experience, it would be very unusual for a
mortgage with both parties signatures to treat one differently than
the other. The bank wants to be able to go after either one of you
equally to recover the loan. Doing anything other than that would
change the std documents, make in non-conforming and create quite a
headache for the lender, so they wouldn't do it on a simple home
mortgage.