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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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In 2005 my mother purchased a property and obtained a mortgage

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in 2005 my mother purchased a property and obtained a mortgage with Canada Mortgage Housing Corporation (CMHC) using my name and ID fraudulently. I was 19 years old at the time when this property was purchased and had no idea that my name was used. I was also going to school in the U.S as I received a scholarship and was a student-athlete at the time. In 2007 The property went into foreclosure and was sold for $82,869.60 but was worth $115,371.25 leaving a deceit of $32,501.65. That same year CMHC placed a judgement against me that I still was not aware of at time and I was still also attending school, this time in Montreal and still away from home. In 2009 my tax return was taken from CMHC for this debt that apparently I owed. At this time i still never understood the magnitude of this issue but it was at this time that I found out that my name was used fraudulently by my mother. My mother then owned the debt and assured me that she will pay it. I did not file a police report due to the sensitivity of the relationship as I did not want to put my mother in jail. I started to take some action to this matter as I was getting older and was understanding the issue a little better. I started speaking to a Credit Counselor who advised me to do things that in the end did not help me. My whole motive was to settle the debt on the grounds of. 1. this is not my debt and the individual responsible is willing to pay the settlement fee 2. I am young and have desires to move on with my life and 3. This judgement has disrupted my credit and is now hindering my life. The credit counselor lied to me for years about working a settlement with CMHC, but of course I did not know any better so I believed him. Now I have a good job and just this year CMHC has found out where I work and has sent a "Motion of Record" to my home outlining all their information they have retrieved on me and also have a court order to garnish my wages within one year. I have also read the correspondence between the credit counselor and CMHC's representatives and he misrepresented my character to CMHC stating i was an addict, in and out of rehab and also stating that I owned the debt. Again, I had no clue this counselor was relaying these msgs to CMHC as he advised me differently every time we spoke. So I had a paralegal send a letter to CMHC's lawyer proposing a settlement on the grounds of which i stated above. However, the paralegal failed to add in the letter that this is not MY debt. Now CMHC wants me to fill out a Statutory Declaration outlining all my expenses providing pay stubs and tax information in order for them to consider my settlement offer... At this point I do not know what to do because the debt is not mine and I do not think that i should have to provide CMHC my finances. CMHC rather settle the debt than to go to court. If it goes to court my mother is willing to step forward and own the debt and admit to the fraud. so I have a few questions. 1. what could be the consequences of providing my finances to CMHC 2. what could be the consequences if I do not provide this declaration 3. what will be the consequences for my mother if she steps forward. 4.How could i avoid court as I rather settle 5. how do i get CMHC to clear my name with them after a settlement. The debt is not mine and I think I deserve a a clean and fair chance with CMHC if I ever need to use them. And at this time I do not think CMHC believes I was not responsible for this debt, they think it belongs to me.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
I have read the facts briefly but to be frank there is much too much here and too many questions for one post. Let me see if this is correct. Essentially your mother committed fraud and forgery and put this mortgage into your name. You don't want her to get charged but you need to get this resolved. Is your mother willing to step forward, admit what she did and start paying this debt off?Can you or your mother afford a lawyer to act for you?

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