2/2
Judge interrupts: I need you to focus on the issue that’s before me. I appreciate that there’s a lot of history but the narrow issue before the coufrt is should conduct of sle of the property be granted to the petitioner. The petitioner is applying to take what is a normal step in the foreclosure process. If you have a reason why they should not get to do what normally happens in a foreclosure, then I need you to focus your comments on that. I can’t solve all those problems for you.
“I’m not angry. I’m tired. I’m not angry. I’m very angry. So I’m taking the opportunity to explain. Its’ not a normal conduct or misconduct not advancing or not taking care. I was not home. I could not go to the bank. I have a bad credit score. Iw went to Scotiabank. I’m an owner of (address) in Langley. I have 592 sq feet. I live with my sister for wI am a caregiver for her. So I decided because of our satiation to sell because I don’t want to be an owner anymore. Because if something happens to me (can’t understand). I decided no, I’m going to save Jessica, I’m going to sell. Scotia Bank has agreed to 30K to take my mtg to take my mtg and transfer over to Jessica. I think 380 because we are a 55+ and not 65+ community anymore. I can get a good number there, the sale of our place, this is a diamond. And my sister, I don’t know. The government is going to take care of her. My mortgage is going to be transferred back to Jessica. I cannot find it. I do have the y calculated how much I need to pay for all this mortgage because I’ms selling. We are two disabled people on disability. So I have a small personal MPP, MTTP).
Judge: you’re said you’re planning to sell your home. You’re selling your home or refinancing it?
Yaniv: she is selling her property in order to advance those sale proceeds into our, my property.
Judge: if that is the plan, when is the plan being carried out?
Yaniv: I’m currently approaching real estate agents. It’s going to be on MLS probably in the next 10-14 days.
Miriam starts going on about health again. Judge is getting increasingly annoyed.
Yaniv is also getting annoyed., hesitant looking
“police ambulance, fire department in our place”
Yaniv “in regards to your question, about 1-14 days to have it listed on MLS. We’re looking for a 6 month period, it is a 55+ building but it’s a little bit more complicated (Miriam interrupts , no it’s not , it’s to my favour. Seniors are looking into this community. )
Judge shakes his head slightly when Yaniv mentions wanting six month redemption.
Miriam is back into realtor she’s looking into “Gary Reimer, he is a friend of mine too. 6264 Greenside Drive. HE was the buyer. He was involved in the buy sell not mine but whoever bought my place. We were texting but the texting stopped when I am in an emergency.
Judge: you are effectively asking for an extension of a redemption period. The normal test is that you have to show that you have some kind of an actual plan likely to result in a redemption of the mortgage. And two, that there’s sufficient equity in your property that the petition is not at risk waiting additional time. The difficulty here is that you are telling me about a plan to list her property
Miriam asks him to repeat himself
“The difficulty with the plan that you’re presenting . . .”
(they’re in a fight about the translation)
“The difficulty . . .” Miriam: there is no risk. I know the seller.”
“The difficulty is that the you need to have actually a plan that’s in progress that’s got a prospect of coming up with funds to redeem the property. What I’m hearing are good intentions, we’re going to list it, we’re hopeful, but there’s lots of moving parts about harassment and health issues, and that doesn’t sound quite like a plan to me is the main concern.” Miriam interrupts: it is a plan. It’s all out patient. There is a plan. I am up until two a.m. in the morning doing stuff.
Judge: “the other part of this is that listing a ppty for sale could mean many months depending on (various factors).
Miriam starts arguing with Yaniv again.
“The difficulty is this comes across as being a risk of becoming a never never plan as opposed to something that”
Miriam: “no, you tell me what it says”
Yaniv: mom, can I deal with this? Please?
Judge: “please”
“the difficulty is there doesn’t seem to be a definable end point to this plan that will actually result in a redemption of the mortgage on your property. So . . .”
Miriam: I can show you, I have (something) driver on here, I also have the notary who lives under my building, he is my public trustee (?). His name is Brad Toyer. And they daily are walking the dogs on the sidewalk. He actually recommended a friend of his. I will say one thing and I’m not going to say anything more about that this harassment on this and in my daily life I don’t trust humanity anymore if I don’t trust you I won’t do it because I’m scared. They’re business people. I don’t have (gestures to Keri again)
Judge: “I don’t need to hear about that prt of it”
Yaniv’s alarm goes off.
Yaniv: “so what we’re seeking is a redemption on the period so we can get the , there is a plan in place”
Miriam says: “I’m renting. I have a lease that I have to go someplace to sign for a year or two years, I have a place to move, and then I’m giving a key to the real estate aganet and then I’m out of Langley, I’m out of Langley, and the harassment, because they are Christians and we are Jews.”
Lawyer: I had understood the plan to be refinancing but it appears that the plan has change. My submission is that as your honour noted there isn’t a real plan.
Judge: Is there equity in the property?
“Assessed at 390K and the redemption is 240 six months ago so it’s getting close to the assessed value.”
“Right. My inclination here if there, normally when someone wants to extend a redemption period it would be your onus to make the application and show that there’s sufficient equity in the property and that you’ve got a plan and the plan that you’ve set out I’ve already presented some concerns about the lack of a concrete timeline for when anything would be happening. I think in the circumstances I don’t have the evidence of there being sufficient equity for there to allow a prolonged suspension of the redemption period and it’s your onus to put forward that evidence. So I’m going to grant conduct of sale to the petition effective today. You continue to have the right to redeem the mortgage up to the point in time that there’s an actual approved order for sale. It doesn’t mean that you can’t redeem the property but the petitioner will have the normal right to proceed with the next step of the process. If you have some evidence of a formal application to extend the redemption period you can still do that. You still have time to sort out with your mother getting her refinanced or getting her property sold – turned around quickly though – but with the market being kind of at the pace it’s been going lately there’s no guarantee it will turn around that quickly.”
Yaniv: would it be possible to adjourn for a week or two?
Judge: I can’t do that. I’ve given my decision already. But as I said you still have to make an application to extend the redemption period but if you’re going to do that you need to do it sooner rather than later.”
The bailiffs then attend for the long process of getting the Yanivs and KS out without any further law enforcement.
