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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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I have a lis pendent being applies to a property that I

Customer Question

I have a lis pendent being applies to a property that I owned but got into trouble and a supposed friend took on the mortgage and I am still living in the house but have not paid her any more towards the mortgage since March of this year. I did pay the mortgage payment for the first 8 months, plus $21,500 (the 5% down she needed for the mortgage plus put over 15,000 in upgrades/repairs since she took on the mortgage. She is now trying to sell the property for about 50,000 lower then fair market value. I know that the lis pendent goes against the title of the property but what would happen if she doesn't sell within the next 6 months and what more do I have to do to recover my money. Also do you know of any lawyers who would take on this case pro bono as I paid a lawyer $2000 to do the lis pendens and to serve her but have no more money as all my money is tied up in the house. We have no rental agreement or nothing on paper just a verbal agreement that she broke when she went to sign the papers at the bank which she locked in the mortgage for 5 years and I told her 2 years cause the house needed to be sold by sept/16, as I am leaving the country. Am I better off to stay in the house till this is resolved or can I leave the country and things would not change.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Sorry I am in Alberta
JA: Have you talked to a lawyer yet?
Customer: Yes but she talked all legal mumbo jumbo and just seemed to want to get me out the door and if I want to talk to her more she wants more money
JA: What advice did they give you?
Customer: I got an email stating the she filed the lis pendens but won't be registered with land titled for about 10 business days as they are behind
JA: Anything else you think the lawyer should know?
Customer: I gave all the receipts for the repairs and upgrades and my papers before she took on the mortgage and the proof of the money I put out for the 5% and the mortgage payments to the lawyer
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 1 year ago.

I am sorry you are in this difficult situation?

Are you saying you started a lawsuit against this person?