It has been a month, and
Alta West Mortgage Corporation aren’t pissing around even if
Jessica Yaniv Simpson is evading service – the foreclosure is going forward.
Evading Service
On the
BC CSO the latest document has been added – it is an application from
Alta West for
“The court’s authority to grant an order permitting use of an alternative method of service.” A court hearing to have the judge agree to these new terms is set for April 14, 2025.
According to the
Notice of Application document “
The petitioner has attempted to personally serve Simpson on a number of occasions without success. On the process server’s first attempt to effect service on March 12, 2025, Simpson answered the buzzer. The process server explained the Court Documents to her, but Simpson said she was not home and hung up. The process server called back, but Simpson did not pickup.“
Several copies were posted on the building front door. Several attempts were made to contact Simpson but Jessica ignored all voicemails, and the notice went without response.
As such
Alta West are requesting the court allow them post copies of the order, on the building front door, and mail copies to the unit and that alone
“shall be deemed to be good and sufficient service of the Court Documents upon Simpson, effective as of the later of the of posting or mailing.”
The foreclosure proceeding will go ahead – unless Simpson responds with a payment in full. But Yaniv doesn’t have that kind of cash and what is Jessica going to respond, please don’t kick me to the streets? MM and our supporters are watching.
Foreclosure Proceedings
According to
BC Foreclosure Process –
The foreclosure process in British Columbia is controlled by the BC Supreme Court. What it means to the home owner is that each step of the foreclosure process has to be approved by the Supreme Court including when to start selling, the purchase price, the terms of sale, and any commission paid.
At this point is clear
Simpson has no intention or ability to pay the $325,000 and growing debt that is owed. (MM have added a counter on the site to watch the debt grow daily.)
Not responding and evading the servers is the worst possible way to handle this. In fact MM suspect that will only speed up the process not delay it as the court will assume the evasion of service means, there is no option to resolve this amicably.
The foreclosure procedure process from here – under normal situations – is as follows:
- About a month later (after being served the Petition) there will be the first hearing in the court. At the hearing the judge will give the lender an “order nisi”, and in most cases, it will also give you time to “redeem” the mortgage by paying the full amount you owe, plus interest, costs and taxes. This time is called the “redemption period” and it’s usually 6 months. But sometimes the lender will ask the court for a shorter redemption period.
- Following the redemption period of typically six months, the lender may choose to have the property listed for sale by the court or seek an “Absolute Order of Foreclosure” from the court.
- In the case of the property being listed for sale by the court, the court approves the sale of the property. If the sale does not generate sufficient money to pay the petitioner in full, the petitioner can then seek a deficiency judgment from the court against the borrower.
Redemption
Given that
Jessica Yaniv Simpson is clearly evading service of the petition, MM suspect that
Alta West will ask the court for a shorter redemption period. That is, less than the average 6 months. A hostile resident situation often results in a speedy foreclosure sale. Since the owner has demonstrated that they have no intention of resolving the mortgage debt or negotiating terms. MM will continue to watch this with bated breath as the clock ticks down.
Will Miriam Yaniv sell her condo? Yaniv can not reside there. Currently there is a restriction in place that bans Jessica Yaniv from being in Miriam’s building due to their Probations from the incident in
February 2022. Furthermore, the building is restricted to 55+ age for residents. Even if The Yaniv Clan hadn’t threatened to burn the building down and assaulted residents, Jessica wouldn’t be allowed to permanently live there. Summer is a good time to move though, and depending how much of a mortgage Miriam has they might be able to find a 3 bedroom condo somewhere in a cheaper community… where do you think they will move to?