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How do I remove a certificate of pending litigation? Ontario…

Customer Question
How do I remove...

How do I remove a certificate of pending litigation?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ontario Canada

Lawyer's Assistant: Has anything been filed or reported?

Yes it has been filed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Like what?

Submitted: 6 months ago.Category: Canada Law
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Answered in 5 minutes by:
7/31/2017
Lawyer: Debra, Lawyer replied 6 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,037
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 6 months ago

I am sorry to hear of this difficult situation.

Please let me know the basic facts.

Thanks

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Customer reply replied 6 months ago
My cousin brother helped me buy the current property I reside in. He helped me with $220,000 of which I have already paid him back $95,000. In 1999, we had a verbal agreement that we will pay the money he helped us. We sold our apartment and moved in with our children in this house. After moving in, and after a year or so, he pulls out a written agreement and told us to sign as it was only to protect his $220,000 (no interest, no commission). He told us he is a lawyer (lie) and nothing will be filed official cause the agreement has no amount or date. We wanted to run by a lawyer, but he refused. We had no recourse, but to sign.He took the original and has backdated the agreement in his handwriting. He is using this agreement and has filed for Certificate of Pending Litigation. How can we fight this?He used to live in England but now resides in Dubai. Growing up, I did not know this cousin of mine. He came to our apartment under the pretext of filling in my late brother's shoes. I was vulnerable and allowed him and his wife into our home. Obviously, he had other intentions. We are working class people and worked hard all our life.Please help.
Customer reply replied 6 months ago
This cousin has never been in my life (not even a call) when:
- I lost my father when I was 12
- I got married and had 3 children
- I lost my mom in 1991
- I lost my only brother in 1992
- I sponsored 4 (orphans) of my brother (cause his wife died in 1990) to CanadaWhen my cousin came to visit me in 1999, it took him quite a while to convince my husband and I to sell our apartment, which we loved dearly. We did not need his help cause we were progressing well being first immigrants in the family. We worked 2 jobs to settle down and now this man wants to take everything we have toiled for.
Lawyer: Debra, Lawyer replied 6 months ago

This is a serious issue. Your cousin as retained a large and very highly respected law firm.

You cannot remove the certificate of pending litigation from the title now. You have to defend the claim, have a trial and get a judgment.

If you win in Court then the Certificate of Pending Litigation will be removed. If you lose your cousin will register a lien on title and may have the property seized and sold.

At this is complicated and a lot is at stake and as the matter is in the Supreme Court of Ontario you will need to retain your own lawyer and must do so at once as you need to respond to the claim within 20 days as you will see from the documents you were served with.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 6 months ago
In the last few years, my cousin brother has made harassing phone calls to my husband at his work. Threatening emails, skype calls and very condescending conversations.How do we file a claim?
Customer reply replied 6 months ago
Ok I am ending the conversation here. Will I be charged more?
Lawyer: Debra, Lawyer replied 6 months ago
What would you be suing him for?You're not charged for going up and back with me. There is one price that you've already paid and there are no additional cost and less you chose to have a phone call.
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Lawyer: Debra, Lawyer replied 6 months ago

Is there anything more I can help you with at this point in time?

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