Mortgage Dispute Defense Steps

Summary

If you are being sued as a guarantor for missed mortgage payments in Ontario, review the Statement of Claim, gather evidence of bad faith, and consider filing a Statement of Defence. You can draft an Intent to Defend to extend your preparation time. Consulting a legal professional for personalized advice is recommended.

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I am being sued by BMO (Toronto, Ontario) they issued a statement of claim. I am the guarantor my mom is the borrower. They state due to missed mortgage payments they are advancing the mortgage and want me to pay the full amount. I state they acted in bad faith and did not follow the FCAC guidelines when a borrower is in financial hardship and at risk for defaulting on their mortgage
It sounds like a challenging situation, ****. In Ontario, you may consider the following steps:
- Review the Statement of Claim carefully.
- Gather evidence supporting your claim of bad faith and non-compliance with FCAC guidelines.
- Consider filing a Statement of Defence.
Would you like guidance on finding legal representation to help with this case?
Can you draft an intent to defend so I can add to time to prepare my statement of defence ?
Here's a basic template for an "Intent to Defend" letter you can use:
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[Your Name]
[Your Address]
[City, Province, Postal Code]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Province, Postal Code]
Dear [Recipient's Name],
Re: Court File No. [Insert Court File Number]
I, [Your Name], hereby notify my intention to defend against the Statement of Claim issued by BMO. I am currently in the process of preparing my Statement of Defence and require additional time to gather evidence supporting my claim of bad faith and non-compliance with FCAC guidelines.
Please acknowledge receipt of this notice and confirm the extension for filing my Statement of Defence.
Thank you for your attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
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Ensure you fill in the placeholders with your specific details. It's also a good idea to consult with a legal professional for further assistance.