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Answered in 1 hour by:
3/12/2010
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
VerifiedHello,
What Province are you in?
Was the sale subject to a written sales agreement?
Did you sign a mortgage release or assumption document with the bank?
Was a Lawyer involved in the transfer at all?
What Province are you in?
Was the sale subject to a written sales agreement?
Did you sign a mortgage release or assumption document with the bank?
Was a Lawyer involved in the transfer at all?
I'd wait to see what the lawyer says, if you signed an assignment rather than a transfer of the mortgage then you would, indeed, be on the hook but the title would be incorrect and you'd have to see about transferring it back (which could well be an unholy mess).
At this point you should find a different lawyer if you've lost faith in the one that did the transfer (and because it is remotely possible that you may have a claim against the lawyer if a mistake was made there -- though I'm more inclined to think there's either a misunderstanding on your part as to what happened or the bank mixed the paperwork up). You will need to go after the bank to sort out their documents and release you from it. This may well require some court time but while its being fought they shouldn't be able to come after you (and the lawyer can help you figure out how to extricate yourself from this with reference to your financial situation and what's going on with the new owner from a financial standpoint).
I would start by contacting the Alberta Law Society's Lawyer Referral Service: http://www.lawsocietyalberta.com/publicservices/lawyerReferralService.cfm. They can help you find someone local that can help untangle this.
Regards XXXXX XXXXX wishes on resolving this quickly.
At this point you should find a different lawyer if you've lost faith in the one that did the transfer (and because it is remotely possible that you may have a claim against the lawyer if a mistake was made there -- though I'm more inclined to think there's either a misunderstanding on your part as to what happened or the bank mixed the paperwork up). You will need to go after the bank to sort out their documents and release you from it. This may well require some court time but while its being fought they shouldn't be able to come after you (and the lawyer can help you figure out how to extricate yourself from this with reference to your financial situation and what's going on with the new owner from a financial standpoint).
I would start by contacting the Alberta Law Society's Lawyer Referral Service: http://www.lawsocietyalberta.com/publicservices/lawyerReferralService.cfm. They can help you find someone local that can help untangle this.
Regards XXXXX XXXXX wishes on resolving this quickly.
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
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