A mortgage-free British Columbia property which had been registered to the same owner for 23 years was fraudulently transferred to a new owner. The fraudster later registered a mortgage for $400,000 against the property. Stewart Title insured the unknowing lender as having a first priority mortgage against the property. When the mortgage later went into default, the original owner claimed he had no knowledge of and not consented to either the mortgage or the property transfer.
A vacant parcel of a mortgage-free British Columbia property was transferred to a new owner and then encumbered with a large mortgage a few weeks later. This mortgage later went into default, resulting in enforcement proceedings. Upon discovery of the enforcement proceedings, the previous registered owner of the property claimed that they had not consented to the transfer of land and challenged the proceedings.
A private lender was insured on a mortgage issued with respect to the enforceability of a second ranking charge on one property and a third ranking charge on a second property. Both mortgages later went into default, and the prior registered owners of these two properties commenced legal action. They alleged that the properties were fraudulently transferred to the borrower in a fraud scheme perpetrated by the borrower.
Stewart Title insured the enforceability of a first mortgage against title to a residential derelict Alberta property. The mortgage funds were advanced to the new owner for the purpose of purchasing the abandoned property to renovate it and rent to tenants. The previous owner later made a claim that he was impersonated while in prison and had never transferred the property.
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