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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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In order to avoid bankruptcy, we agreed to a proposal

Customer Question

In order to avoid bankruptcy, we agreed to a proposal through a Canadian debt company - Form 46 Certificate of Full Performance of Proposal (Section 65.3 and 66.38 of the Act). After a couple of years, the agreed amount was satisfied, letters and certificates were sent out by the Proposal company, but the insurance company won't release the lien on our house. They are dodging calls and giving excuses. What recourse do we have?
Thanks,
Colleen
Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

What is the lien on the title for and was it there before you made your proposal?

Were they part of the proposal?

Did you not go through a Trustee in Bankruptcy?

Customer: replied 9 months ago.
We agreed to a proposal through Bromwich & Smith (Trustee in Bankruptcy) in July 2013 and satisfied the requirements in December 2015. "SOVEREIGN" is a leasing company (one of the creditors) whom put a lien on our home BEFORE the proposal with B&S (December 2012). We did not know about the lien until AFTER we satisfied our agreement a few months ago and learned that they did not need to inform us about putting the lien in place. It was something we never thought of and did find it a little unfair that a home-owner does not need to be told someone has put a lien on. Nevertheless, in black and white, the proposal was put in place and satisfied through all the proper channels. SOVEREIGN was given docs stating the completion of our proposal but is now giving us the run-around about having it removed. My question is: what are our options in getting them to remove the lien, obviously in the least expensive manner. Thanks! Colleen
Expert:  Legal Ease replied 9 months ago.

Just to confirm, Sovereign was part of the proposal, right?

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