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#real-estate-law#ontario
Asked: a month ago

Can a mortgage financing company take away my home if I don't pay the loan in full?

A few years back I co-signed a second mortgage for my son. Unfortunately, he lost the house. I have been paying on this second mortgage for about 4 years. The amount is 40,000. The payments are up to date. It is through… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


Though it is unlikely that the company will be able to force you from your home, we cannot determine all the risks without a full review of the evidence and circumstances.


In your circumstances, you may benefit from contacting a lawyer. We can recommend Mark Evans (http://www.lexpand.ca/about-us/mark-harris-evans/) an Ontario-based real estate lawyer.


Answered: a month ago
#real-estate-law
Asked: a month ago

Can a Real Estate company be liable for physical damage incurred on-premises?

I broke my foot leaving through an emergency exit in my apartment building. The elevation between the door and the ground was 9 inches. As a result, I cannot work or drive now. Can I claim damages?


Samuel Michaels

Founder & Lawyer, SM Legal


In these circumstances it is possible you may be able to claim damages from the building corporation.


If you require further legal assistance, you may benefit from contacting a lawyer through your local law society referral service.


Answered: a month ago
#real-estate-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


With a court order, a sheriff can accompany an individual to retrieve their property from a former residence. You may wish to contact your local police station directly to inquire whether a police officer could accompany you without an order, though likely an officer would not be legally able to enter the private property. 


Answered: a month ago
#real-estate-law#quebec
Asked: 2 months ago


Samuel Michaels

Founder & Lawyer, SM Legal


Quitclaim deeds drawn up in United States would be recognized for the purpose of transferring Quebec-based property.


However, it is generally recommended to complete a real estate transaction with the documentation drawn up in the jurisdiction in which the real estate is physically located.


Thus, for a property located in Quebec, it is advised to have the documents and the transfer both completed in Quebec.  


Answered: 2 months ago
#real-estate-law#alberta
Asked: 2 months ago

How can I extend an allowed period to vacate condo property from 15 days to 60 days, in order to find a proper new residency?

I rent a condo. When I moved in, my landlord did not inform me that I would also be dealing with a "Board of Directors". The building I am in allows pets, or they did until 2013. We acquired a cat before 2013, however we… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


Thank you for your question. Since your situation is circumstantial to your living situation, I suggest you begin by consulting available resources and services to determine the best course of action. Before you do so, take the time to write up a timeline of events so that you have a well-organized written statement available in case it is needed. Having researched your situation, I have found the following resources which could be of value: 1) Landlord and Tenant Services https://www.servicealberta.ca/623.cfm 2) Residential Tenancies Dispute Resolution Service https://www.servicealberta.ca/869.cfm 3) Residential Tenancies Process https://albertacourts.ca/provincial-court/civil-small-claims-court/residential-tenancies-process We hope these resources will prove helpful.


Answered: 2 months ago
#real-estate-law#ontario
Asked: 2 months ago


Samuel Michaels

Founder & Lawyer, SM Legal


We found an Ontario act that we believe may be relevant to you. The Line Fences Act regulates fencing in Ontario: http://www.ontario.ca/laws/statute/90l17


Answered: 2 months ago
#real-estate-law
Asked: 2 months ago


Samuel Michaels

Founder & Lawyer, SM Legal


Typically after an eviction, possessions (including animals) become the property of the landlord, which they can dispose of as they wish. However, if you had a verbal agreement to retrieve the cats, this could constitute a contract, which they are in breach of. As such, you may be able to retrieve the cats from the new owner as stolen property or pursue the property manager in small claims.


Answered: 2 months ago