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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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Recently (last few days) was pressured by a collection

Customer Question

Recently (last few days) was pressured by a collection agency to take out a 2nd Mortgage on a house he and 2 other siblings own. They were foolish enough to sign the papers. The debt was under $10,000. My brother was out of work, but recently started a new job. He contacted Canadian Tire (credit card) and offered to start making payments. They said it was too late and refused payment. The next thing he knew, he received a court order to pay the loan in full. He had been informed that, they were going to court, and that he would get a letter when a court date was set. He never received a letter and never even had a chance to defend himself. I think this all sound a little shady. There is about $7,000 in fees as part of this mortgage on top of high interest rate already being charged. They have been told that they can't get out of this loan. I always thought that their was a period of time you had to cancel a loan. Am I wrong? Also, this mortgage company is demanding a death certificate and a copy of the will for our mother who passed away in May of this year. She was a quarter owner of the house and left her share to the other three. If they didn't supply these; would that be a way out of this loan?
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

Was he served with a statement of claim?

If he was did he put in a defense?

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