Private Sector Act dot Com

[theRealDerekJohnson]

Eric,

I see that an individual whom I know and have done business with who happens to be a very intelligent man with a career in law enforcement (RCMP) had something to say as well.

He knows the truth of what happened and has more years of experience and knowledge than you ever will. He posted a video of his experience as well since you seem so bent on credentials and asking for proof.

He didn't come here to "clear my name" but to try and help you realize what is really going on and how you were manipulated. I've spent countless hours with this man over the years where I met you for 20 minutes at a Starbucks.

For your information, John likely won't be spending all day on this forum responding to you because he is a busy guy albeit retired and has done enough research into this to know who was doing the scamming. He is older and more mature and seasoned in the big world and doesn't believe fairy tales told by pixies and bank lawyers like you Eric.

You are being such a pawn for the bank lawyers it is sad. You really should be getting spiffed by them for your fine contribution to giving foreclosure lawyers a good name and supporting their cause.

You must be the only guy on the planet who carries pom poms for them !

Go Foreclosure lawyers Go !
Steal more homes from Canadian people!
GO GO GO !

[wserra]

My name is John and I heard about this forum where there was discussion about an individual, Derek Johnson whom I happen to know well from previous business dealings.

Hi, John.

I am a retired ex-RCMP officer from Alberta

Right out of the box, a problem. In fact, you are retired auxiliary RCMP, right, John? As the RCMP describes it, "An Auxiliary Constable is an unarmed, unpaid, uniformed RCMP volunteer ... Under the supervision of an RCMP Regular Member, Auxiliary Constables participate in RCMP supported community events and programs, crime prevention initiatives within schools, traffic control, ground patrols, search and rescue, parades and other ceremonial events." Nothing whatsoever wrong with that, of course. But the impression your post leaves is that you were a Canadian Dick Tracy. In fact, John, livestock equipment and supplies are your real profession, right? Nothing whatsoever wrong with that, either. Just a slightly different picture than the one you paint.

and am very knowledgeable with the law as it exists here in Canada

Exactly how did you acquire that knowledge, John? Did you go to law school?

and with the court process since I have personally attended on more than one occasion with Mr.Derek Johnson.

I'm not going to quote what you wrote about Derek Johnson, John, because - since you give no specifics at all, such as court and docket/index number - it is completely unverifiable. For all anyone here knows, Johnson made it up and paid you to post it. On the other hand, John, if you read various posts above, including mine, you'll note what judges think of Derek Johnson. Not auxiliary judges, either, John. Real ones.

considering my experiences in court in my profession as a RCMP officer.

Careful, there, John. And the title is "Constable".

They completely disregarded all the contracts we made that would have allowed us to keep the home in the interest of handing it over to the bank and the lawyer to make his fat commission.

The house belonged to the bank - thanks to Johnson, people would lose whatever chance they otherwise might have had to save it - and so the court awarded it to, well, the bank. WHAT A TRAVESTY!

my contacts whom I consulted including people in the legal profession.

Do those "people in the legal profession" have names, John? And is it possible to be a retired volunteer?

[NYGman]

john R, you ave been scammed, and you have, from the sound of it, lost your home. I am sure Derek did everything in his power to "save you" from those evil courts, banks and lawyers who were out to take your home, despite legal contracts you may have had. This is how the scam works. Derek has no legal arguments that have merit. He has sold you a false bill of goods. I am sure he may have tried his hardest, but his OPCA arguments have NO MERIT or in court. He can only delay the inevitable.

To John: if that is truly the case, I may have spoken in haste and I apologize.
I looked at a similar case a while back - person under foreclosure, even worse the mortgage was for more than the house's fair market value. Went through one of these "rent to own" deals with Derek, even went to court to mouth their carefully coached by Derek lines. Of course the person lost their home and is still on the hook for the outstanding balance. Months after the person was still totally bewildered by what happened and still believes that the bank stole their home.

This is truly the case, the only person speaking out for Derek, was someone who lost their house because of him, victory.

Look, Derek has some crazy Sov Cit, OPCA arguments that just are not valid. Sure you can sell your own home, but you can't do it ina way that allows the bank to recover their balance due. The lawyers tried to tell you this, so did the court. Lawyers are not evil, they earn a living like everyone else. They are not league with the banks and courts to scam a commission. The courts will not listen to Derek, because he has no real understanding of the law, is not a lawyer and shouldn't represent anyone in court, let alone be allowed to advise utter nonsense.

You lost because you befriended and were lied to by a scammer, who you probably paid to help you lose your home and become more in debt. I am sorry you can not see the forest from the trees.

As a law man, if you lent someone something of value and that person sold it to someone else, for less than you believe it was worth, and refused to pay you its full value, plus costs incured when you tried to legally recover what is yours, you would think that person guilty of theft. (Bad analogy, but hoping you get the drift). I don't think you can't sell a house in foreclosure without the banks OK, as they want to make sure it is an arms length purchase, and they maximize their return. How does the back know the sale isn't too a related party for under fair market value? You can sell it to me for $10, but unless you fully satisfy the debt, the back will never agree to that same.

So John R, was the sale for in excess of the full amount owed on the note plus arrears, fees and costs, or were you trying to sell it below market and below the debt? If so, bank, law, and courts were right not to allow the sale, contract be dammed.

You may be a law man but contract law, property law, and civil procedure are not your forte. Dabbling in real estate makes you no expert. How can we convince you that Derek scanned you too.

[Llwellyn]

Unsuccessful in his attempts to convince the Quatloos Illuminati of his superior knowledge of the Canadian Real Estate system and that if they only listened to his every word they would be convinced of the purity of his intent, our hero Derek retires in a fit of pique to compose a message championing himself on the Real Estate Council of Canada website
http://www.realestatecouncilofcanada.ca
with links to a fuzzy video clip on youtube
https://www.youtube.com/channel/UCnUGOx ... 0lFhA/feed

Well, it is interesting, that this web page is coming up 404 (dead) to me.. so I did a little techie stuff, and root traced it.. to a SHAW (alberta internet provider) IP address. .. specifically a Calgary, Shaw Cable server.. ODD that the Real Estate Council of CANADA would operate from Calgary (tho anything is possible) .. and doing ANY general search (Bing, Google, Metacrawler) finds NOTHING about this 'organization' Not even a web page.
As to add to another earlier post.. -having to contact the Real Estate Council of Canada .. VIA a GMAIL account.. well, that in its self speaks of quackery. I don't know of any business, association, agency or government body that uses GMAIL as their primary mail server. (at least as posed in the address, however it may be a re-routed service that does eventually end up at a gmail account) - yes, a little techie stuff.. but, I remember learning to program computers on punch cards.. and I program in 14 different computer languages.. damn .. now I feel old.

Anyways, - The Real Derek Johnson - unlike your other locations, people here on quatloos will often spend hours of time, researching, finding any and all information they can, and within reason watch/read it all.. A number are good .. trying to be fair/unbiased people.

If it walks like a duck
If it squawks like a duck
If it looks like a duck

[NYGman]

Eric,

I see that an individual whom I know and have done business with who happens to be a very intelligent man with a career in law enforcement (RCMP) had something to say as well.

He knows the truth of what happened and has more years of experience and knowledge than you ever will. He posted a video of his experience as well since you seem so bent on credentials and asking for proof.

He didn't come here to "clear my name" but to try and help you realize what is really going on and how you were manipulated. I've spent countless hours with this man over the years where I met you for 20 minutes at a Starbucks.

For your information, John likely won't be spending all day on this forum responding to you because he is a busy guy albeit retired and has done enough research into this to know who was doing the scamming. He is older and more mature and seasoned in the big world and doesn't believe fairy tales told by pixies and bank lawyers like you Eric.

You are being such a pawn for the bank lawyers it is sad. You really should be getting spiffed by them for your fine contribution to giving foreclosure lawyers a good name and supporting their cause.

You must be the only guy on the planet who carries pom poms for them !

Go Foreclosure lawyers Go !
Steal more homes from Canadian people!
GO GO GO !

Funny the only person defending you is something you royaly screwed. Unfortunately, he didn't save his home, and ended up more in debt because of your advice. Great reference, i guess you can not do better.

I am no pawn, I know a scammer when I see one. It is never your fault Derek, it is always those damn lawyers, banks, and judges meddling kids being in the way of your master plan. I have seen Scooby Do episodes with better plots. Unfortunately, you are still scamming people. Obviously this thread is a thorn in your side, and is hurtingthe scam business or you would had posted here a long time ago

[theRealDerekJohnson]

I love how the "legal beagles" here jump to Eric's aid !

Why not ask him to answer some questions rather than tuck him behind your skirts like you are his mother. He still has not done his homework and respond back to me when I had the courtesy to do that for him.

You try and discredit a man (John) who has first hand experience dealing with me, and take the lying little man Eric's word who you don't even know who ran away from his signed contracts and defend him like he is some hero around here.

Hilarious

[wserra]

I love how the "legal beagles" here jump to Eric's aid !

Whatever dealings you have with Eric are between you, him and perhaps Canadian law enforcement. My only interest in the subject is getting the word out that people should avoid you like the plague that you are.

[Llwellyn]

I love how the "legal beagles" here jump to Eric's aid !

Why not ask him to answer some questions rather than tuck him behind your skirts like you are his mother. He still has not done his homework and respond back to me when I had the courtesy to do that for him.

You try and discredit a man (John) who has first hand experience dealing with me, and take the lying little man Eric's word who you don't even know who ran away from his signed contracts and defend him like he is some hero around here.

Hilarious

Again attempting to deflect and while doing so being insulting. However when any of the other posters asked about you posting any 'victories' and actions you have been successful in court.. nothing was responded to.. When others posted about your numerous failures in court.. again no response or acceptance on your behalf. You demand others jump to your tune, and fall in line, yet you yourself can not do it. Leadership by example. As I tell people where I work, if you are not willing to do the job yourself, don't ask someone else to do it.

[theRealDerekJohnson]

Eric, I am still waiting for you to answer questions:

You asked me: "Why does Laurel Cinnamon's many numbered company's always accept the deposits and is registered as the mortgage holder for these " non real-estate agent deals" ?

Derek Johnson Question: What do you mean by a "non-real-estate agent deal?

You do realize that people are allowed to buy and sell real estate with offer to purchase contracts like you did without Realtors?

Derek Johnson Question: Do you believe that it is illegal to buy / sell a home without a Realtor?

This is what you are suggesting via your question and this is an important one since it cuts to the heart of how you were manipulated by RECA and others into believing you were doing something wrong or illegal by selling your home without a Realtor.

Derek Johnson Question: If selling a home privately using offer to purchase agreements is illegal in Canada, can you show me the law that states that?

What you are saying is that every for-sale-by-owner and private buyer is participating in illegal activity.

Does that mean all the comfree.ca and propertyguys.ca sellers are breaking the law by participating in illegal activity?

Does that mean all the buyers who are trying to save money with sellers in a commission free arena are participating in illegal activity?

Derek Johnson Question: Can you confirm that this is what your position is?
(That being that buying and selling homes privately in Canada is illegal)

IMPORTANT QUESTION OUT OF ALL OF THEM THAT NEEDS AN ANSWER ERIC

Should you choose to ignore this question and refuse to reply with the obvious answer then you are simply admitting that you were fooled by a bank lawyer and RECA.

They sure helped polish your script well so you could be great spokesman for the MLS system !

[NYGman]

I love how the "legal beagles" here jump to Eric's aid !

Why not ask him to answer some questions rather than tuck him behind your skirts like you are his mother. He still has not done his homework and respond back to me when I had the courtesy to do that for him.

You try and discredit a man (John) who has first hand experience dealing with me, and take the lying little man Eric's word who you don't even know who ran away from his signed contracts and defend him like he is some hero around here.

Hilarious

Not discrediting john by any means, in fact without knowing, he proved that you are a scammer, and that he had been duped. His comments only confirm you are a scammer with no legal knowledge, relying on OPCA arguments to delay the outcome. Your scheme does not work. You make money, everyone else LOOSES!

AGAIN, tell us your plan, how do you operate? Show us your business is legitimate, and you help people down on their luck stay in their home for as long as they want, save their equity, and don't end up with damaged credit? You can not show one single example. You are a scammer, this is a scam, you are the only one making anything from this.

[NYGman]

Derek Johnson Question: Do you believe that it is illegal to buy / sell a home without a Realtor?

No, if you own it, you can sell it. However when it is being foreclosed on by the bank, your rights are limited. The bank must ensure it maximizes its return. So trying to lawfully sell it in foreclosure without the banks permission is not allowed. Of course if you sell it for more than the note, arrears, costs, and fees, then the bank will probably allow it, as long as the sales proceeds go to them first.

Derek Johnson Question: If selling a home privately using offer to purchase agreements is illegal in Canada, can you show me the law that states that?

See above. it isn't illegal to sell a house you own free and clear, however when you entered your mortgage contract, and made the bank your creditor, you also gave the bank certain rights. You can't contract for something you have no right to contract for. You don't own the house, you and the bank do, you can not unilaterally sell it without satisfying them.

Does that mean all the comfree.ca and propertyguys.ca sellers are breaking the law by participating in illegal activity?

Don't know, don;t care, irrelevant, as you can obviously sell your own home if you own it. When you have a mortgage, you do not own it yourself.

Derek Johnson Question: Can you confirm that this is what your position is?
(That being that buying and selling homes privately in Canada is illegal)

No, or position is you can not contract to sell a home you do not own, and you can't sell a home in foreclosure, without the bank being involved. This is your scam. You purport to sell it with a valid contract, then find a buyer as you stall for time arguing OPCA arguments that are bound to fail. You also have been known to double dip, not only taking a deposit with your worthless contract, that you will never return, and charging rent to the old owners while they stay there.

IMPORTANT QUESTION OUT OF ALL OF THEM THAT NEEDS AN ANSWER ERIC

All answered, now answer mine....

[theRealDerekJohnson]

Unsuccessful in his attempts to convince the Quatloos Illuminati of his superior knowledge of the Canadian Real Estate system and that if they only listened to his every word they would be convinced of the purity of his intent, our hero Derek retires in a fit of pique to compose a message championing himself on the Real Estate Council of Canada website
http://www.realestatecouncilofcanada.ca
with links to a fuzzy video clip on youtube
https://www.youtube.com/channel/UCnUGOx ... 0lFhA/feed

Well, it is interesting, that this web page is coming up 404 (dead) to me.. so I did a little techie stuff, and root traced it.. to a SHAW (alberta internet provider) IP address. .. specifically a Calgary, Shaw Cable server.. ODD that the Real Estate Council of CANADA would operate from Calgary (tho anything is possible) .. and doing ANY general search (Bing, Google, Metacrawler) finds NOTHING about this 'organization' Not even a web page.
As to add to another earlier post.. -having to contact the Real Estate Council of Canada .. VIA a GMAIL account.. well, that in its self speaks of quackery. I don't know of any business, association, agency or government body that uses GMAIL as their primary mail server. (at least as posed in the address, however it may be a re-routed service that does eventually end up at a gmail account) - yes, a little techie stuff.. but, I remember learning to program computers on punch cards.. and I program in 14 different computer languages.. damn .. now I feel old.

Anyways, - The Real Derek Johnson - unlike your other locations, people here on quatloos will often spend hours of time, researching, finding any and all information they can, and within reason watch/read it all.. A number are good .. trying to be fair/unbiased people.

If it walks like a duck
If it squawks like a duck
If it looks like a duck

Hey Clive !

Question for you and as a lawyer you should know the answer:

Are mortgages bought and sold every day?

Derek

[NYGman]

Hey Clive !

Question for you and as a lawyer you should know the answer:

Are mortgages bought and sold every day?

Derek

I will take this one, yes. How is that relevant. A bank is the legal owner of a legal debt. a Legal Debt actually has value, it is an asset for the bank, and it may be bought and sold like any other asset that has value. This is not relevant to your situation. You do not own the debt. The debt is your problem. As long as the note has been perfected, it has value, and can be traded. This is done to offset risk, achieve balance sheet goals, or for pure profit. Why it happens is irrelevant to the owner of the property. It matters little who owns the loan as long as the debt is valid. Selling it can also free up capital to make more loans.

[theRealDerekJohnson]

I love how the "legal beagles" here jump to Eric's aid !

Why not ask him to answer some questions rather than tuck him behind your skirts like you are his mother. He still has not done his homework and respond back to me when I had the courtesy to do that for him.

You try and discredit a man (John) who has first hand experience dealing with me, and take the lying little man Eric's word who you don't even know who ran away from his signed contracts and defend him like he is some hero around here.

Hilarious

Not discrediting john by any means, in fact without knowing, he proved that you are a scammer, and that he had been duped. His comments only confirm you are a scammer with no legal knowledge, relying on OPCA arguments to delay the outcome. Your scheme does not work. You make money, everyone else LOOSES!

AGAIN, tell us your plan, how do you operate? Show us your business is legitimate, and you help people down on their luck stay in their home for as long as they want, save their equity, and don't end up with damaged credit? You can not show one single example. You are a scammer, this is a scam, you are the only one making anything from this.

John is an intelligent enough man to know who was doing the scamming, since he was involved in his foreclosure case not you. He spent the time and energy dealing with this not you.

You are speaking as if you are some expert in real estate and know my business.

All you know is how to throw around the word "scammer" like Eric and it makes you feel good.

Ask Eric to answer the questions since the evidence and proof of what he did exists at the Calgary Land titles office on 4th ave.

Why not ask him or are you afraid to for fear of the answer?

[theRealDerekJohnson]

Hey Clive !

Question for you and as a lawyer you should know the answer:

Are mortgages bought and sold every day?

Derek

I will take this one, yes. How is that relevant. A bank is the legal owner of a legal debt. a Legal Debt actually has value, it is an asset for the bank, and it may be bought and sold like any other asset that has value. This is not relevant to your situation. You do not own the debt. The debt is your problem. As long as the note has been perfected, it has value, and can be traded. This is done to offset risk, achieve balance sheet goals, or for pure profit. Why it happens is irrelevant to the owner of the property. It matters little who owns the loan as long as the debt is valid. Selling it can also free up capital to make more loans.

Great !

I was hoping for Clive Llewellyn to answer since I know him and have done a real estate deal with him before. I am still going to wait for your reply as well Clive to the same question !

So you (NYGman) are astute enough to know the truth that banks buy and sell debts / mortgages.

How do you think these "assets" are tracked like a commodity?

Answer: the Torrens system at the Land Titles office. It has a purpose and an assurance fund behind it to ensure Alberta property and mortgage / encumbrance holders are insured.

When a debt / mortgage / encumbrance is sold the Torrens system is there to be used to adjust the ownership position of the debt so that the true owner of the encumbrance is reflected at Land titles. When a mortgage is sold the new owner submits paperwork at the Land Titles office to ensure his position is secured on title via the Torrens System.

Because many big banks and even private mortgage holder get lazy and not use the system that is in place there is room for error and an encumbrancer could get paid twice on a debt that was already sold.

This is not relevant to your situation.

If nobody asks for proof of ownership of the debt / note, when the property is being conveyed and liens, mortgages and encumbrances are being audited which is what lawyers do, then there is opportunity for encumbrancers to be paid twice.

If a bank or private mortgage holder sells their debt / note / encumbrance should they be paid twice?

Of course not !

[Burnaby49]

You posted exactly what I hoped you would post so I could show you on how little you know about this Industry Eric. And no, the "legal Beagles" here cannot save you now since they cannot win this debate and get past the truth of the matter. The Act is very clear if you could read and understand it.

And you posted pages of meaningless drivel as I expected. Explain the cases against you, explain how you con people out of money, and help them loose their hosue. Explain how you abuse the legal system, and that the judge found it appropriate to compare you to a Snake Oil Salesman. You seem to track havock and distruction behind you. You are obviously feeling the impact of this thread, I guess it is hurting your business.

Actually I was hoping for a proper discussion about who exactly the act covers with reference to the link that I posted that states exactly who the legislation does not cover and any available legal references. Somehow we ended up with a long rant against the MLS system which didn't address the point.

I didn't write the text of the following quote. A friend who is following this discussion but does not post on Quatloos asked me to stand in for him. He is involved in the regulation of professionals in Alberta. He said;

Johnson is making the tiresome and specious argument about professional governance that we have heard before about lawyers and the law society from the likes of Menard. It goes something like this: RECA only governs its own members; therefore, it doesn't govern me. Half right. RECA only governs its own members, but only its own members can be mortgage/real estate brokers, etc. in Alberta.

This has nothing to do with the MLS system. It has to do with the fact that the Government of Alberta, through the Real Estate Act, has delegated exclusive authority to RECA to regulate the real estate profession in Alberta. The Real Estate Act is exclusive scope legislation, meaning only RECA members licensed and in good standing with RECA can deal in real estate as brokers/agents, etc. in Alberta.

One person can sell their property to another without a license. But brokering a deal on someone else's behalf falls under RECA's exclusive scope of practice and the broker must be licensed by RECA.

Johnson and other scoundrels like him are breaking the law.

[NYGman]

John is an intelligent enough man to know who was doing the scamming, since he was involved in his foreclosure case not you. He spent the time and energy dealing with this not you.

Obviously when it comes to areas of finance, John is not as intelligent as you made him believe. The Banks, Lawyers, and courts are no conspiring to scam anyone. In fact the bank would much rather work something out, than to have to go to court, hire lawyers, and take the time to defend baseless accusations foisted on them by OPCA litigants who get their advice form someone the court has labeled a vexatious litigant, who can no longer bring his own cases without hiring a lawyer. It is unfortunate that I was not involved, but I am neither qualified to practice law in Canada, nor do I specialize in helping people who are in foreclosure. I do know lawyers who do this work, and they help clients restructure the debt over a longer term with reduced interest, or work on other plans to allow them to stay in the house, and eventually sell it to satisfy the loan. They even will forgive some debt sometimes. That is what a GOOD lawyer will do for you. What did you do for John R then? Did he keep his house? No. Did you retain his equity? Most likely No, but if he did, it would be reduced by needless court and legal expenses, plus arrears and fees, so lets just say No then. So how in fact did you help John now? Did you lighten the load by charging him for your services, or did you do it pro bono (Legal word for Free?) I am guessing no, feel free to correct me. So yes, I don't know about John Specifically, but I am guessing you charged him to help him loose his house and any equity he may have had, smart man there...

You are speaking as if you are some expert in real estate and know my business.

No, but thank you. I am not an expert in Real Estate, I used to do so tax structuring for big development projects in NYC, and dabbled in a few loan restructuring scenarios to see which resulted in a better tax answer to a Partnership, I have sold a few properties, entered into, repaid, refinanced, and retired loans on my properties. I have held investment property and notes, and I took Property law and contracts in Law School. I am not an expert, but I am guessing I know a bit more than you on what is legal and what isn't. I will say you probably know how to work the system (Paperwork) better than I can, to delay the obvious. But as for legal skills, I think I am at least a bit above you, if not miles. I do know your business, better than you do, it is the business of scamming, of abusing the courts for your own illicit gain. It is charging for your services which are bound to fail, it is the selling of a property you do not own. It is a Scam, that is your business. Wrapped neatly in some numbered Alberta companies, with your close associates.

All you know is how to throw around the word "scammer" like Eric and it makes you feel good.

As said before, If it walks like a duck, quacks like a duck, swims like a duck, It is a DUCK!

Ask Eric to answer the questions since the evidence and proof of what he did exists at the Calgary Land titles office on 4th ave.

Why not ask him or are you afraid to for fear of the answer?

I answered them, now answer mine...

1) Do you charge for your services, or make a commission from any associate you may have your client use?

2) Can someone avail themselves to your services without paying any money up front - Contingency basis and agree to be paid only if you succeed in them keeping their house, or the mortgage declared satisfied?
3) How much out of pocket fees does the average customer pay for all their court appearances? What are the average legal fees awarded when you don't win. YOu can use John as an example of a loss.
4) Using the above criteria, have you ever won, or do the evil Lawyers, Banks, and Courts conspire against you every time? If you won, provide court information or it never happened.

That should do for now, start small...
Has anyone you helped ever

[NYGman]

Great !

I was hoping for Clive Llewellyn to answer since I know him and have done a real estate deal with him before. I am still going to wait for your reply as well Clive to the same question !

So you (NYGman) are astute enough to know the truth that banks buy and sell debts / mortgages.

How do you think these "assets" are tracked like a commodity?

Answer: the Torrens system at the Land Titles office. It has a purpose and an assurance fund behind it to ensure Alberta property and mortgage / encumbrance holders are insured.

When a debt / mortgage / encumbrance is sold the Torrens system is there to be used to adjust the ownership position of the debt so that the true owner of the encumbrance is reflected at Land titles. When a mortgage is sold the new owner submits paperwork at the Land Titles office to ensure his position is secured on title via the Torrens System.

Because many big banks and even private mortgage holder get lazy and not use the system that is in place there is room for error and an encumbrancer could get paid twice on a debt that was already sold.

This is not relevant to your situation.

If nobody asks for proof of ownership of the debt / note, when the property is being conveyed and liens, mortgages and encumbrances are being audited which is what lawyers do, then there is opportunity for encumbrancers to be paid twice.

If a bank or private mortgage holder sells their debt / note / encumbrance should they be paid twice?

Of course not !

Not relevant, yo know you are dealing with a single note claim, not an issue of debt registration. In the US they do title searches all the time, which show old debts that were not cleared, as they should, this is easy to remedy. However this mortgage tactic, is completely irrelevant. You use this position to but time, it isn't accepted by the courts. Did it work for John R? Had John R actually paid off his note before, and was being chased for a debt he paid? Were two competing claims being launched for his money? I think not. The only thing here may be an issue of paperwork, that can easily get resolved.

Again this is of no relevance. The post by Burnaby49 brings up a good point. While it is perfectly legal for me to sell you my home, it doesn't appear to be legal for you to broker a deal between two parties unless you are a broker licensed by RECA. So are you? Are you making money in any way by putting this sale together??? I wonder...

[theRealDerekJohnson]

Derek Johnson Question: Do you believe that it is illegal to buy / sell a home without a Realtor?

No, if you own it, you can sell it. However when it is being foreclosed on by the bank, your rights are limited. The bank must ensure it maximizes its return. So trying to lawfully sell it in foreclosure without the banks permission is not allowed. Of course if you sell it for more than the note, arrears, costs, and fees, then the bank will probably allow it, as long as the sales proceeds go to them first.

You are incorrect. The bank does not need to be asked permission to sell a home in foreclosure. That is blatantly ridiculous. If the bank is not happy with the payout at the end of the conveyance they can sue the property owner for a negative balance at the end of the sale. As long as the home is sold within the Market and forced sale value as determined by the court the seller is fine.

Derek Johnson Question: If selling a home privately using offer to purchase agreements is illegal in Canada, can you show me the law that states that?

See above. it isn't illegal to sell a house you own free and clear, however when you entered your mortgage contract, and made the bank your creditor, you also gave the bank certain rights. You can't contract for something you have no right to contract for. You don't own the house, you and the bank do, you can not unilaterally sell it without satisfying them.

Re-read my last post - The bank or CMHC can go after the previous owner but this only happens with homes that took a hit in the market value due to the recession. Does this mean a homeowner cannot sell their home?

Of course not, but they will have to do their own conveyancing because bank lawyers are paid to create problems for people and not find solutions. The bank is never an owner of the home so you are completely wrong here. The bank can sit in first position on title but that does not make them an owner.

There is a reason why a title document has a place for OWNER and ENCUMBRANCE. ALL Canadian property owners can do their own conveyancing and they don't need permission from any encumbrance holder to do that.

That is why that office will gladly accept transfers from Canadian people buying and selling property without a lawyer or bank involved. Before lawyers offered conveyancing services, which has not been that long in just like Realtors who were invented in 1967, the people did their own conveyancing and showed up at land titles together to transfer the land and register / discharge mortgages.

The bank lawyers here will love to scream and shout about that because they are bound by certain rules the BANK and LAW SOCIETY holds them to which has nothing to do with the Canadian people's fundamental right to buy and sell their own property.

Does that mean all the comfree.ca and propertyguys.ca sellers are breaking the law by participating in illegal activity?

Don't know, don;t care, irrelevant, as you can obviously sell your own home if you own it. When you have a mortgage, you do not own it yourself.

You are wrong. Re-read my last note. Encumbrancers do NOT own real estate, they have a SECURED INTEREST on the property, not owners rights. Big difference here.

Derek Johnson Question: Can you confirm that this is what your position is?
(That being that buying and selling homes privately in Canada is illegal)

No, or position is you can not contract to sell a home you do not own, and you can't sell a home in foreclosure, without the bank being involved. This is your scam. You purport to sell it with a valid contract, then find a buyer as you stall for time arguing OPCA arguments that are bound to fail. You also have been known to double dip, not only taking a deposit with your worthless contract, that you will never return, and charging rent to the old owners while they stay there.

You are wrong again, and showing how little real estate knowledge you have. I can see you are trying but you should give up on this debate because I have all the answers and you cannot debate or match my knowledge when it comes to real estate. I have been doing this too long, and know more than you, simple as that. You can buy or sell any home in foreclosure and that is a fact. Even the "legal Beagles" around here know that and you are definitely not one of them.

IMPORTANT QUESTION OUT OF ALL OF THEM THAT NEEDS AN ANSWER ERIC

All answered, now answer mine....

Done, and done.

ps. Please don't try and pretend you know what you are talking about when it comes to real estate NYGMan because you are way out of your league here.

[webhick]

We appear to have some sockpuppetry happening in this thread. We don't like sockpuppets, so knock it off.

JohninAlberta and theRealDerekJohnson both post from the same IP. I've banned John. I'd be sorry except John was really just Derek pretending to be a happy customer so... whatever.

As for Derek Johnson Sucks and Calgary scam watch, I can't figure out who needs banning. Both have logged in recently....normally I'd give a choice but in the interests of fairness.... DJS has been here the longest, so I'm killing CSW.

You've both drawn my attention now.