How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100977
Experience:  Lawyer
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

My Consumer Proposal with $140K of debt is held up because

Customer Question

My Consumer Proposal for dealing with $140K of debt is held up because TD Canada Trust claims that my Line of Credit account is secured by equity in my home. But my L.O.C. account has always been labelled as UNSECURED. So the outstanding $75K was included with the other creditors at Scotiabank L.O.C., and three outstanding balances on my credit cards. Yesterday, I received a letter from Harper Grey law firm demanding I pay the $75,800 within 10 days or they could initiate foreclosure on my mortgage. I believe TD Canada Trust is fraudulently changing the status of my L.O.C. to Secured debt. That would mean I cannot include the money in my Consumer proposal.
JA: Thanks. Can you give me any more details about your issue?
Customer: The Title search before the Consumer Proposal on July 23, 2015 shows only a mortgage registered on 2012-11-23 at 14:14
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $39 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Have you done a title search to see if the line of credit is on your title to your house?

Customer: replied 1 year ago.
After my Consumer Proposal was approved, suddenly a Title search on my home has another item. Duplicate Indefeasible Title issued 1993-05-13, Application Number: PG15340, Surrendered: 2010-01-26. I do not remember giving them that title. I believe they might have got the title from a previous loan. I do not know for sure how they got the title listed in the title search! It looks like they are trying to force me to pay the whole amount of $75,800 instead of accepting whatever amount they would get from Abakhan & Associates Inc.
Customer: replied 1 year ago.
No, the title search does not show the Line of Credit on it. Only shows the Duplicate Indefeasible Title issued in 1993. There was no mention of this when Peter Winters did a title search on 2015-06-25. TD Canada Trust added that information after June 25, 2015 and August 26, 2015. Debbie Ewing from Abakhan & associates in Prince George, BC did a second Title search on August 26, 2015 and that is when the extra item, Duplicat Indefeasible Title showed up.
Expert:  Debra replied 1 year ago.

You were saying that there was nothing on title when you decide to do you consumer proposal and that after that time they registered this on title without your consent?

But they don't have to agree to the proposal so did they?

Customer: replied 1 year ago.
it was after the Consumer Proposal was approved under the Federal Statue that deals with consumer debt issues. And TD Canada Trust did not vote on the Consumer Proposal, instead, they Abstained. You can contact Debbie Ewing or Peter Winters at Abakhan & Associates in Prince George, BC at(###) ###-####
Customer: replied 1 year ago.
I was told by Peter Winters (Abakhan) that we did not need approval from all the creditors, just a majority of them.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Today, Jan 26, 2016 I called TD Canada Trust and was told that I opened the Line of Credit with them in January of 1997. I believe that all that time, my Line of Credit account was showing UNSECURED every time I logged into my account online.
Expert:  Debra replied 1 year ago.

I understand.

So what you can do then is to go to the head office for the bank and speak to someone as high up as possible. Tell them what happened and ask for this matter to be rectified at once.

If that does not work your next step is to file a complaint with the ombudsman that works for this bank. The ombudsman will have to investigate your complaint and come to decision about whether you were correct and the bank is wrong or not.

After that if you do not like the ombudsman's decision you would file a complaint with the external ombudsman who works for the government and is not biased.

If you go into any branch of your bank there will be a brochure that tells you how to complain. In the brochure is all the contact information you need for going up all of the steps as I suggested. Unfortunately, you cannot skip a step so the external unbiased ombudsman will not hear your complaint until you follow the steps that I outlined. I hope that end up resolving your issues.