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-   -   Statute of limitations ontario? (https://www.askmehelpdesk.com/showthread.php?t=582993)

  • Jun 20, 2011, 09:19 AM
    chobbsfinance
    Statute of limitations ontario?
    In 2006 a second mortgage was taken out by me for the sum of $35000 from a private lender.
    The first 12 months repayments were pre-paid from the proceeds of the mortgage advance.
    The mortgage term was defined as per the mortgage deed specifically as 12 months.
    The anniversary of the borrowing came and went.
    No repayments have been made by me subsequent to the initial pre-payment for the 12 month term of the mortgage
    No reminders or notification were received by me from the lender in any form to invite renewal or request repayment upon the mortgage expiry.
    Nothing had been heard of since the inception of the mortgage either from the lender, the lender's solicitor or the lender's broker.
    The mortgage remains charged against my property and I have now made contact with the lender's solicitor who advised me that this was an oversight by their client.
    I now wish to sell my property.
    I have thoroughly examined the mortgage deed and conditions and this makes no provision for such an occurrence.

    What am I legally entitled to do under these circumstances and what am I legally obliged to repay in light of the Statute of Limitations from the proceeds of the sale?

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