Congrat’s to Susan Lawrence for winning her court battle against Maple Trust. In case you don’t know what I’m talking about, Ms. Lawrence’s identity was stolen and a mortgage was taken out under her name with Maple Trust. I don’t feel like going into a rant on how ridiculous it is that you should be on the hook if the mortgage company didn’t do its homework but you should read her story.
Justice Eileen Gillese summarized the case and her judgment in a nutshell: “Ownership of a person’s home is fraudulently transferred. The property is then mortgaged. In a contest between the two innocent parties – the homeowner and the lender of the mortgage monies – who wins? This appeal answers that question in favour of the homeowner.”
Source: Toronto Star
I don’t work at a financial institution but doesn’t that sum it up? The land owner didn’t apply for the mortgage and the bank (or whatever company issues the mortgage) screwed up. Why should the home owner be on the hook? The bank instead should go after the identity thieves and improve their system. I guess sticking it to the land owner who is innocent is the easiest thing to do… Not any more, thanks for being the trail blazer Susan!