Private Motgage

[EnSabahNur]

Hello All

I have a problem with a Private Mortgage on a house I bought 5 years ago. I stopped making payments on it 2 years ago out of protest for the various frauds and illegal activities he was doing. Including breaking into the house and trying to sell it while I own it..ON TITLE! He even listed it with an agent. The police have refused to press charges because he is a Rabbi. What would be the best way to discharge this Mortgage? The original Mortgage was for $33,500.00, he started charging me interest 8 months before I bought the house (on his books) and after $12,000.00 in payments he now claims I owe him $58,000.00 In 5 years I have never recieved a statement of the mortgage even after repeated requests. In fact the only way I know what he says I owe is from a paper with some scribbles from his accountant proving the $ owed that was faxed to me saying "Pay This". He will not Forclose on me because he knows he has done some really illegal stuff and knows that I will fight back now.



Any Advice. He owned the house before I bought it. He simply carried a mortgage on it. But he's a piece of crap and I just want to get him out of there. He has a lot of money and backing from a certain community here(Jewish) and has told me that he can fight it in court forever if necessary. The goup in question is known for strong handed tactics in intimidation, which is meaningless to me...I'm Irish..hahahaha. I have done $40,000.00 in renovations to the house and it is now worth just under $100,000.00 which is why he tried to sell it on me. But I have been on title for 5 years now??



I forgot to mention that I put a lien on the house for $60,000.00 for the work I did to it through a friends company (arms length). Is this why he won't forclose? As he will only get the $33,500 original lien on the house for the mortgage owed?



What direction should I be going in here? I'm still just a beginner.



Thank you

[Ice]

I'm not sure what is going on with "who owned what and when they owned it" or "what name(s) are on what documents regarding the property or why the names are there" (and maybe when and how they got there)



I need a bit more detail ... you say he owned it before you but you don't say why he doesn't have any rights to it now... ya see? If someone tried to sell MY house and had NO AUTHORITY to do so... they would be in jail ... even if I ruffled a lot of feathers by bringing in "out of towners".

[EnSabahNur]

O.K, here's the skinny. Actually it was a company with a couple partners called Gabon Services. I bought the house for $33,500.00. They have a lien on the house for $33,500. I am on title as the owner at the Land Titles office ever since I bought it 5 years ago and still am. Title transferred to me, I am the owner. I did (cost) $40,000 in reno's to the place. Now I stopped making payments about two years ago because after two years of chasing these guys daily they would not give me the buyout on an open ended mortgage. I can buy out the mortgage at any time, but they refused to give me a statement or buyout forcing me to comtinue to pay the 12% interest. I had new financing (A new lower interest Mortgage) all arranged and they would never call them back either. So I stopped paying after making $12,000.00 in payments. So one day with no warning I get a call from the neighbor (the house was rented out at the time to tenants) and they tell me someone was just there and broke into the house, changed the locks and put a for sale sign on the front yard. Well it turns out it was this guy Gabe, who was Gabon Services. So I called the police. They didn't even believe me what had happened. They made me go to Land titles, do a title search and get a current print. I did, and delivered it to them, they called the lady at the head of the Land Tiltes office here and asked what right he had to go do that and she said "None". She said he should be charged with Break and Enter and whatever else he did criminally in the matter.

They did not send me any warnings, file any paperwork with the city, nothing, the Real Estate Market was really good and they just decided to go sell my house. I called the Police and they said based on their findings he had NO right to do any of that, and I had talked to a Lawyer I know and knew of 4 charges that should have been laid. They said they would not be interferring as it is a civil matter?? So I told them I would be calling the Ombudsmen and looking into charges of "Obstructing Justice" against them, so they conceded and said they would try to charge him with B+E. That was 6 months ago, I've never heard anything more about it. He is a Rabbi here in Winnipeg and I believe they were warned to not get involved.

They violated the contract first by not supplying me a statement of the Mortgage which is required by law once a year, after 5 years I have never recieved one. They tried to Selll the house that they don't own. Them carrying a Mortgage on a house does not mean they own it, I DO. They stole some of the tenants belongings, damaged the house breaking into it, opened the tenants mail (the neighbor witnessed it). They obviously do not have clean hands in the Deal, is there no way I can remove their Lien?

Now according to a financial expert, here in Manitoba a Mortgage is interchangeable with promissary note ( as elsewhere I'm sure) they mean the same thing. So, they have a signed promissary note then from me for $33,500, and they have a lien on my house for $33,500. Now if they have been dishonorable and have dirty hands in the deal there must be a way to cancel the Promissary note? Almost the same way that you can cancel a credit card by demanding proof of Full disclosure, or some other means?



Does this help you out more? If you have a question about a particular point I can elaborate. Thank you for taking the time to read and respond.



Have a great day!

[Jerseee]

Focus on the fraud in the contract. The fraud is where is the original promissory note. Demand to see that. I am not sure if you guys up there have remedy for such treachery.



Do you have something similar to our HJR 192?



you can view this policy in the downloads section of this site.

[EnSabahNur]

I will look into the particulars, but I believe we have the same remedy available. The Fed. Res. owns all the shares of the Bank of Canada and forced Canada into Bankruptcy in the same manner, I would assume we have the same remedy available.

If it is a Private Mortgage, and not a Bank, would he not have the original promissary note? I already have requested to see it and got the same response as asking for a statement of the Mortgage. So I guess I should be making my demands via registereed mail and getting him to default, which he will. Is this where I send a Notorial Protest after he defaults followed by a Certificate of/or Notice of Default, or something like that which is even bettert than a judgement from a court? I remember reading that somewhere.



Thank you

[Jerseee]

Actually,



you want to look up the duties of a notary and you may find that a Notice of Non-Acceptance is more suitable. A protest is something else (demanding payment).



No matter where you are in the world--NEVER ARGUE.



keep demanding verification and I am pretty certain that Canada has rules and procedures for its courts. Look them up.

[EnSabahNur]

I have a friend who is a lawyer who used to have his own private practice, but now works for a Great West Life. He has offered to notarize anything I need. Is there a standard time frame for the mortgage guy to default on my requests, or should the Lawyer know this stuff?



I know right now that he (the motgage guy) will tell me to get a certified copy from Land Titles, but I want to see HIS copy of the mortgage, or is there no way he can verify the debt?



I had a associate who is a commisioner of oaths drop off a demand for a statement of the Mortgage quite a while back, is that useful for anything?



What do I want to get him for, for non acceptance, the Demand for Verification of the debt? I thought that would have been non performance or something. If he has altered the "Original" Mortgage Document in any way then it is Void right?



Sorry for so many questions, but I'd like to be prepared for this guy, he's a Rabbi and I'm sure he has a few tricks of his own. If I can get this discharged, and any of you need some contracting work at an extreme discount, let me know.



Thank you all.

[EnSabahNur]

Ummm, what about something I read to do with transferring the house to a Trust, and then giving 30 days for anyone with Equity in the property to prove their claim, or Verify the Debt, anyone know about that? A little more detail perhaps or is it a pile of crap?

look in the success stories for a mortgage elimination and contact the proper individuals listed therein.



jon