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When you find yourself in a hole, stop digging

If you have trouble paying your 1st mortgage and have some equity in your home you may be tempted to take a secondmortgage to fix the problem. Will Roger once said “When you find yourself in a hole, stop digging”. Before taking a second or third mortgage, please ask yourself if you are doing just [...]

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An unexpected impact of failure to pay the mortgage

I have talked to a home owner today that is in foreclosure despite having paid his mortgage on time for many months now. Sometime in mid last year he has lost his job and was not able to pay the mortgage for 2 months. He later found a job, paid back the arrears and thought [...]

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Getting a new loan when in Foreclosure

If you are on the verge of losing your home to foreclosure I dare assume your credit score is far from being brilliant.  It is very unlikely that you will be able to get a new conventional loan from a Canadian bank. If you are fortunate to have enough equity in your house you may [...]

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Responding to a petition

Once you get the petition, the first thing you will have to do is file a response to the petition (Form 67), which tells the lender that you are going to want to respond to the statements that the lender has made and that you want to receive notice of the hearing of the petition. It also provides the [...]

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Short Sale – It can work in Canada too!!

Few months ago I was contacted by Phil (not his real name). Phil owned a condo in Burnaby. He had two mortgages on the property and was not paying both of them. Now the lenders were after Phil and have started foreclosure proceedings in the supreme court of BC. After a short discussion with Phil [...]

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How does foreclosure impact tenants?

Received the following question from a tenant of a property in foreclosure: I’m renting an apartment in Vancouver and I’ve just received ‘petition to the court’. It seems that my landlord has not been paying the mortgage on the place we’re renting. What do we need to do? Should we find a new place to [...]

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Complicated foreclosure case in the Okanagan

I was not going to write about this case because it is so complicated, really hard to explain. But, after I received this beautiful thank you letter yesterday I could no longer resist. This is what email said: “I am writing this email about Michelle Castillo from Modern Home Solutions. I want to thank you [...]

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The bank’s realtor called me today, what should I do?

Today I have received a phone call from M. , he owns a house in the Fraser valley area. The house value is $200,000 at best and he owes about $270,000. The mortgage has not been paid for 6 months and the foreclosure proceedings have been going on for a while.  The bank already received [...]

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Foreclosure process has started, can I still sell my house?

Got a phone call from a homeowner in the lower mainland this morning. He has just received a demand letter from the bank’s lawyer giving him some time to pay back his loan before they will start the foreclosure proceedings. Unfortunately in his case he cannot come up with the arrears and the only way [...]

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Filing an Appearance

As of July 2010 the BC Supreme Court has eliminated the “Appearance Notice” is the BC Foreclosure Proceedings and replaced it with the submission of a “Petition Response Notice“. The first step you have to take after receiving the petition is to file an Appearance. We find that many home owners are so confused by [...]

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