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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 101410
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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Can you give me some names of lawyers or lawfirms that will

Resolved Question:

Can you give me some names of lawyers or lawfirms that will sue a bank for wrongful foreclosure of my property. I bought a brand new house in 2009 and 28 days after I moved in the retaining wall failed and my family was ordered out of the property by engineers. There was a law suit commenced against the municipality. I never missed a mortgage payment and paid my mortgage for 17 months while I was not residing at the property. The municipality issued me a Municipal Order to build a load bearing retaining wall in 90 days, if I did not the municipality would. The municipality did not. The bank foreclosed on me and took my property because I did not comply with the Municipal Order and claimed I defaulted on my mortgage. I was given a 1 day redemption period. I never received any notice whatsoever from the bank regarding foreclosure proceedings. I received notice of the foreclosure when I attended at the property to winterize the home and found the locks were changed and a notice on the door. I lost my downpayment of $137,000.00 plus the mortgage payments for 27 months. I paid high risk insurance for the property, $1,280.00 every 3 months; I paid the property taxes of nearly $4,000.00 per year; I paid the utilities, security system, and maintained the property. The bank lost over $100,000.00 to take the property from me and sell it, and I lost everything. Do I have grounds for a lawsuit?
Submitted: 3 years ago.
Category: Canada Law
Expert:  Legal Ease replied 3 years ago.
Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I can answer you substantive question and also explain how to find a lawyer in Alberta but I cannot give specific names.

Should I go ahead?
Customer: replied 3 years ago.

Do I have grounds to issue a Statement of Claim? How should I proceed?

Expert:  Legal Ease replied 3 years ago.
Yes you do.

You've been substantially harmed through a series of errors and miscommunication and the bank failed to give you adequate notice or listen to you.

There is a lot of money at stake and so you should not self-represent. If you cannot find a lawyer in time then if worst comes to worst do the Claim yourself so you are not out of time and then retain a lawyer to amend it but it will be by far better if you can find a lawyer now.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or
403-228-1722 in Calgary

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
Customer: replied 3 years ago.

Is the statute 2 years from the date that the title was transferred to the new owners?

Is there somewhere that I can view precedent Statements of Claim for this kind of action?

Can I claim for punitive damages?

Expert:  Legal Ease replied 3 years ago.
The limitation would most likely start the day they provided you with the notice of foreclosure.

I don't believe you can find any precedents.

You can try for punitive. After all they owed you a fiduciary duty.
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