Legal Blog:
Land Fraud
The fraudulent transfer of property is becoming somewhat of an epidemic. Notwithstanding this, very few real estate fraud cases have resulted in court decisions. We think that the paucity of cases arises from the reluctance of financial institutions to be the cause, even indirectly, of innocent homeowners either losing their home or being saddled with a mortgage of which they knew nothing. The few reported decisions, however, were relatively consistent: the original transfer based on fraud was invalid, but a subsequent transfer or mortgage to an innocent party, relying on the register, was valid. Then, along comes Household Realty Corp. v. Liu and Chan and CIBC Mortgages Inc. v. Liu and Chan, both decided at [2005] O.J. No. 5001 (C.A.).
Continue Reading >Mortgage Fraud
Mortgage fraud seems to be growing exponentially. Of course, mortgage fraud directly affects financial institutions and, consequently, us.
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