I am trying to get a clarification on a legal motion that my son & I received in April 2019 that is still unresolved.

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Customer: I am trying to get a clarification on a legal motion that my son & I received in April 2019 that is still unresolved.
JA: What province are you in? It matters because laws vary by location.
Customer: Province of Ontario
JA: What steps have you taken so far?
Customer: My son & I have legal counsel but we are confused as to why we are being sued by a credit union that loaned money to my son's ex partner. It is quite a messy long story
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think the lawyer needs to hear the story from the beginning
Answered by Lawyer3786 in 1 min 2 years ago
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Lawyer3786
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Lawyer3786
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Lawyer3786
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Jessica

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Lawyer3786, Expert

Hello. I am one of JA's expert lawyers and will assist you with your query. However, please note information on this site is for general purpose only and does not form a solicitor-client relationship. Also, while I am online at the moment, I am not always online so if you happen to message me at a time when I am not in front of the computer, it may take me a little while to get back to you. Rest assured, I ask that you please be patient and know that I will definitely get back to you as soon as possible.

Please go ahead and tell me what has happened and I will try my best to provide you with some information to assist you moving forward.

Customer
Perfect. Thanks
Customer
Typing will be fine unless we absolutely need to talk via telephone
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Lawyer3786, Expert

My pleasure. Please post the situation whenever you get a chance and I will get back to you as soon as I can. Thanks.

Customer
Basically this is what has transpired to date and I am unclear as to why my son & I seem to have no legal leg to stand on in this situation. In 2009 my son, his partner & I built a home together obtaining a loan from Scotiabank for a period of 5 years which came due in March 2015. In January 2013 my son & his partner amicable split up but we all remained on good terms and in 2015 we proceeded to get a new mortgage with CIBC bank increasing it with the equity of the home bringing the new mortgage up to $546,000.00. All three agreeing verbally to pay 1/3 share of monthly mortgage payments. My son's partner who was residing in Ottawa received over $50,000.00 to pay off existing credit cards etc. My son & I received $40,000.00 for the same purposes. My son's partner made 1 mortgage payment and then informed us via email that he will not be making anymore payments so my son & I took on the mortgage responsibility and continued making monthly payments. In 2016 my son & I received another email from ex partner asking for another $50,000.00 and if we did that he would sign over his share of the house and he would be eligible for a bank loan. My son & I refused as we could not afford to give him another $50,000.00 having had to take over his share of monthly mortgage payments contacted the CIBC mortgage department and inquired about just my son & I taking over the mortgage. The person at CIBC said we required a notarized letter of covenant from the ex partner to do this. I approached my son's ex partner about this and he refused to do it. I then went to see a lawyer whom on my behalf sent a letter to this ex partner requesting a letter of covenant releasing him from his mortgage obligation therefore allowing him to apply for the $50,000.00 loan he required. This letter was ignored and then he blocked my son & I from further contact with him. Now this exporter has gotten himself another partner and in October of 2017 they went to a credit union and obtained over $71,000.00 in 2 loans and in October in 2018 both parties declared bankruptcy. The credit union then obtained permission from the bankruptcy to sue os for the amount of this loan as the exporter's name was still on the property deed. The CIBC bank, my son or myself were never notified of this bankruptcy until my son & I received legal motion that we were being sued for the amount of this loan.
I hired another lawyer to handle this legal matter and it went before a bankruptcy judge in January 2020 whereby the judge stated that the property be listed for sale for a period of 120 days. The house was listed and then in March everything closed down because of Covid 19. After 120 days were up instead fo us going back to court in front of the judge we relisted the house. The house sold in August owe much confusion between the lawyer for he credit union, my son & And our lawyer. Closing was Dec 15, 2020 and all net proceeds are now sitting in the law firms accounts till we go back to court.
We have made three offers to settle with this Credit Union the last one being for $71,9998.98 and all have been refused. The credit union lawyer's last counteroffer is now at $120,000.00 the amount of the loan, interest and their legal fees almost the full 1/3 proceeds of ex partner's share.
Our lawyer says we are entitled to ask for ex partner's share of mortgage payments which total about $62,000.00 to be deducted from his 1/3 share of sale proceeds.
Our new court date is May 3,2021.
Our lawyer has told us a number of facts but I am still un sure of how can the legal system work in such a strange method.
My question is why are we legally responsible for another person's financial commitments?
Do we have any legal ground to stand on against this credit union?
Please let me know what your legal advise would be?
Thanks Violet
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Lawyer3786, Expert

Thank you for that explanation. Though I can't offer you any legal advice as this site is for general informational purposes only, it appears that what the credit union is doing is unfortunately a pretty typical process in these sort of situations. Your recourse for the money you will be out of the pocket will be against your son's partner, who of course has now declared bankruptcy and won't be able to pay anything even if you do decide to sue him. The credit union only has recourse on his portion of the property that he owned. So the equity in the house should be divided 3 ways as he is still on the title and you should be able to deduct his portion of the mortgage payments that you have paid for the the last few years. You should only have to give that remaining balance to the credit union and if it covers their loss then great, and if it doesn't it's not your issue. Of course they are going to ask for as much as they possibly can to try to recover all of their losses and that is likely what the court hearing is for. Your lawyer will also argue fairness in that you and your son should not be held responsible for paying someone else's debts when you had nothing to do with it. The bank has their arguments and you have your arguments on the basis of fairness and as long as the evidence presented is believed by the judge, I don't see how a judge would make you guys pay out of your pocket for someone else's debts. Does that make sense? Any further questions?

Customer
I understand. I guess we will have to wait and see how good our lawyer is at presenting our side against the credit union.
Do you know if all banks, credit unions, and loan lending places have to adhere to a credit check for every loan process or is this a discretion decided by the loans officer etc?
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Lawyer3786, Expert

I have never heard of a bank or credit union giving someone a loan of any amount without doing a credit check. I can't quite say whether it the law or what, but I don't imagine anyone would give loans to an individuals without knowing about their credit history.

Customer
Thank you. Your answer has helped
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Lawyer3786, Expert

You are very welcome and I am glad I could assist. I really hope it works out in your guys' favour moving forward! Thank you for using JustAnswer and please feel free to start a new request if you have any other questions in the future. If you wish to chat with me specifically, simply put "for lawyer3786 only" before the question and it will make its way to me. Take care and have a good day.

Customer
You as well
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Lawyer3786, Expert

Thank you.

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