[777driver]

In 1999 my mother who is elderly signed a second mortgage to an individual
Who had business dealings with my sister, who was 50 years old at the time.
(Deceased 2003)
This individual and my sister convinced my mother to back a loan my sister had
Apparently taken out, however the request for collateral via the mortgage was
Submitted over one year (2000) after the business deal fell through, I was told by my mother that the individual told her not to let any of her sons know of this transaction or some harm may come about, being in her mid seventies and afraid of the person she complied, once I found out I placed a police report to the RCMP in Sidney, British Columbia, Canada they investigated and came to the conclusion that this was a civil matter, but later I realized that my sister was under investigation by the same RCMP that I reported it to and the individual basically bamboozled them. The mortgage states $70,000 @ 12.5% compounded, to this day no attempt has been made for collection of any payment, no contact can be established with that person. I have records indicating no monies were ever exchanged between the mortgage holder and my mother, the principal refuses to co-operate (since my sister passed away and is playing a waiting game)
I realize she will have to see a lawyer, but she has very limited income,
Any advise would be greatly appreciated, especially if you frown on the exploitation of the elderly.
Sincerely, 777driver:)

[ScottGem]

I would check the local Social Services agency for reference to firms that help the elderly from predators like this. I don't know if they have them in Canada, but they do in the US.

Was a lien filed against the property? A contract involves an exchange between two parties. If no money was ever given to your mother or sister, then the contract was never consummated and may be voided.

[777driver]

Dear Scott,
Thank you for the response, it is an established fact that my mother received no monies from this person, as far as my sister is concerned she was in a business relationship with this guy, and from what she told me he invested 25k in foreign exchange scheme that went wrong, after which he demands collateral, however there are no records of this transaction taking place because it was under the table. A lien was put on the property. I will seek to find an agency locally that may be able to help. Again thanks for the information, it's a start.
Sincerely,
777driver

[ScottGem]

OK, I would try challenging the lien. This might force the lien holder into proving that someone got some consideration as part of the mortgage.

[CaptainForest]

777driver,

Most lawyers do not charge anything for the initial consultation.

BC Limitations law states that the Statute of Limitations is 6 years from the date on which the right to sue arose:

http://www.qp.gov.bc.ca/statreg/stat...1.htm#section3

(6) Without limiting subsection (5) and despite subsections (2) and (4), after the expiration of 6 years after the date on which right to do so arose an action may not be brought:
(a) by a secured party not in possession of collateral to realize on that collateral;
(b) by a debtor not in possession of collateral to redeem that collateral;

So if the year was 2000, then it has almost been 6 years. Again, confirm this with an attorney. The first visit is almost always free.

I say that in case there are some other details that I have overlooked in this case.

[777driver]

Thanks Gentlemen,
If by what you mean 6 years from the date of the lien filing, or the date of complaint to the Police?
And, that this transaction took place when my mother was under great duress,
Of which the notary to which she went, will confirm only that my mother was in a very anxious state, it should be noted that an action was taken to a lawyer in 2000 May, but the individual never replied to a request to remove any encumberances on the property, unfortunately my mother suffered a heart attack shortly after and never followed through, how ever the original draft is in archives at her last lawyers address, I will retrieve it, I also have the original statements to the police, have all of my mothers bank statements from 1999 to present, which shows no deposits from anyone over $800.00 (pension).
Thanks Again for your time,
777driver

[CaptainForest]

The date of which the loan had last activity.

So if the deal was to pay $500 on the first of each month and then on July 1, 2000 the payment was not made and NO OTHER payments were made since, then it starts from July 2, 2000

She might also be able to get out of the contract due to duress, but she will have to be able to prove that she was in fact under duress at the time of signing.

[777driver]

Dear Sir,
Here's the curious part, no schedule of payments was ever discussed, no payment has ever been made, nor has any payment been asked. Personally I think this guy used this lien as leverage, I have no proof but why else would someone fraudulently attach a lien then never ask for any payment. No answer from this guy after repeated attempt to contact him. Or is he waiting for the
Limitation to kick in, which would leave the entire matter to his discretion?
As far as duress is concerned, having to meet someone at a instructed location,
Then be told to follow his instructions to the letter, or else? But I see your point,
On the duress, I know its true, others know its true , proving it? How?
Thanks,
777driver

[VSHASH]

I am going through same thing contact insurance and banking commission,then go to
Lawyer