房屋貸款欺詐，雞飛蛋打，洋人的法律遊戲用到極致，你怎麼防

Skip to main content

 

LIVE

CTV News Channel

CTV.ca(OPENS IN A NEW TAB)

VANCOUVER

SEARCH CTV VANCOUVER

ADVERTISEMENT

VANCOUVER

News

Lender can't foreclose on B.C. woman's home because mortgage was obtained through fraud

A file photo shows a statue inside the B.C. Supreme Court in Vancouver, B.C. A file photo shows a statue inside the B.C. Supreme Court in Vancouver, B.C.

 

Ian Holliday

CTVNewsVancouver.ca Reporter

Contact

Published Sept. 23, 2023 6:44 p.m. PDT

Share

twitter

reddit

More share options

A B.C. woman has won the right to stay in her home after convincing a judge that the mortgage her son took out on the property was obtained fraudulently.

 

Winnifred "Winnie" Wai Wai Chan told the B.C. Supreme Court she had no knowledge of the mortgage until the lender attempted to foreclose on her Burnaby condo, and she provided evidence that showed proof of fraud, according to a decision issued this week(opens in a new tab). 

 

ADVERTISEMENT

The matter first came before the court in the form of a foreclosure proceeding brought by lender Xue Le and his company Dawn Creek Mortgage Investment Corporation, Justice John Gibb-Carsley wrote in the decision.

 

Le and Dawn Creek lent $310,000 to Chan's son Cephas Tien Juen Chan – referred to throughout the decision by his first name, to avoid confusion – in August 2020.

 

RELATED STORIES

B.C. developer's appeal of extradition to South Korea dismissed by Supreme Court of Canada

Former principal of B.C. First Nations school who misappropriated funds loses licence

Chinese company forged lawyer's name on immigration applications, B.C. court hears

Additional charges laid against fake nurse Brigitte Cleroux on Vancouver Island

B.C. court sentences YouTuber to 18 months probation for contempt in ongoing defamation case

Cephas failed to make payments on the loan, and Le obtained an order for the sale of the property in August 2022. That order was stayed once Chan learned the mortgage existed and alleged fraud.

 

UNUSUAL OWNERSHIP ARRANGEMENT

While Cephas was the registered owner of the property and his mother's name was not on the title, he still required her permission to take out a mortgage on it. That's because his ownership was part of a trust agreement set up when his parents separated in 1999.

 

According to Gibb-Carsley's decision, the trust agreement was registered against the title to the property. It prohibited Cephas from selling or encumbering the property without first obtaining either court approval or written consent from both his mother and father.

 

BC Assessment lists the home as a 915-square-foot condo in a 22-storey building built in 1981. It has two bedrooms and one bathroom, and it was valued at $532,000 as of July 1, 2022.

 

When Cephas sought the mortgage, he signed a waiver authorizing his lawyer to complete the transaction without the consent of his mother and absolving the lawyer of all liability arising from the matter.

 

Gibb-Carsley's decision describes the waiver as causing him "some concern," though he notes that the document is not the focus of the case before him.

 

"It appears to acknowledge that the mortgage is being granted despite some identified risks that the mortgage is drafted in a manner that is in conflict with the terms of the trust agreement," the decision reads.

 

The transaction went ahead, but the provincial land title office initially refused to register the mortgage because of the trust agreement. The office asked Le's lawyer to provide evidence of consent from both of Cephas' parents.

 

The court decision indicates that Le's lawyer provided signed consent agreements purporting to be from both Mr. and Ms. Chan, as well as copies of various pieces of identification. The land title office accepted these documents and registered the mortgage.

 

EVIDENCE OF FRAUD

As part of the court case, both parents swore affidavits claiming they had not consented to Cephas encumbering the property with a mortgage.

 

Chan's lawyer also had the documents examined by an ICBC fraud investigator, who concluded that the driver's licence purporting to be from Cephas' father was a forgery because the biographical data and photo it included did not match the information on Mr. Chan in ICBC's database.

 

Similarly, the expert concluded that a driver's licence purporting to belong to a "Ms. Du" – who had allegedly served as a witness to Chan signing the consent form to allow Cephas to get the mortgage – was fake.

 

This time, the information and photo on the licence was for a different person by a different name, and the photo purporting to be of "Ms. Du" showed her wearing glasses, "which violates the ICBC protocol that glasses must be removed when a photo is taken for a driver’s license," according to the decision.

 

"I accept as fact that the purported driver’s licences of Mr. Chan and Ms. Du copied and provided to the (land title office) in support of the registration of the mortgage are forgeries," Gibbs-Carsley wrote.

 

"I also conclude it is more likely than not that the LTO would not have registered the mortgage on title to the property in the absence of those forged documents given the LTO recognized that the property could not be encumbered without complying with the terms of the trust agreement."

 

RESOLUTION

Both Chan and Le agreed that it is "settled law" that mortgages obtained by fraudulent means are not valid or enforceable, but they disagreed on whether the judge should cancel the mortgage and end the foreclosure proceedings or allow Le to amend his case.

 

Le argued he should be allowed to amend the case to include Cephas, Cephas' lawyer, his own lawyer and Mr. Chan, in order to further investigate the fraud.

 

"In my view, his application is not on solid footing," the judge wrote.

 

"His petition was commenced as a foreclosure petition. By its very nature it is based on a valid mortgage and does not plead fraud, unjust enrichment or other grounds. If the mortgage is based on fraud and thus invalid, in my view the basis for his foreclosure petition is extinguished."

 

Gibbs-Carsley ordered that the mortgage is invalid and directed the land title office to cancel it. He also ordered the removal of certificates of pending litigation related to the mortgage from the home's title, and awarded court costs to Chan.

 

"I find that this is an unfortunate case where it appears that both Ms. Chan and Xue Le are victims of a fraud," the judge's decision concludes.

 

"While the law requires me to favour Ms. Chan’s interests over those of Xue Le, I acknowledge that he appears to have suffered a financial loss due to this fraud. I stress that in dismissing his petition, I am only making a finding that the mortgage security is void, which was the only claim advanced. It may be that, through other proceedings, he is able to recover some or all of his losses related to his loan to Cephas, but that is to be left for another day in another proceeding." 

 

Report an error

Editorial standards & policies

Why you can trust CTV News

ADVERTISEMENT

MUST WATCH

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOP VIDEOS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VANCOUVER TOP STORIES

 

Murder charge laid in killing of B.C. Mountie

 

B.C. man fighting for a Sunwing refund after spouse dies of cancer

 

Fire engines lead procession for fallen wildland firefighter

 

Lender can't foreclose on B.C. woman's home because mortgage was obtained through fraud

 

Fire tears through homes in Surrey's Clayton Heights neighbourhood

 

Sikh groups ask Canadian political parties to present 'united front' against India

 

B.C. Mountie's death reverberates across law enforcement community

 

Suspected drunk driver crashes into house in East Vancouver, causes fire

MOST WATCHED

skip Most Watched list

1

 

Coldplay rocks BC Place

2

 

CTV News Vancouver at Six for Saturday, September 23, 2023

3

 

Feds back Vancouver rental housing project

4

 

Whirling disease found in B.C.

5

 

CTV News Vancouver at Six for Friday, September 22, 2023

6

 

CTV National News for Saturday, September 23, 2023

7

 

CTV National News: Moneris payment network outage

8

 

Fall storm expected this weekend

9

 

Fire destroys Clayton Heights home

10

 

Slain B.C. RCMP officer identified

CTVNEWS.CA TOP STORIES

 

Murder charge laid in killing of B.C. Mountie

The day after an RCMP officer was killed and two others were injured while executing a search warrant in Coquitlam, B.C., charges of murder and attempted murder have been laid.

 

5 hr ago

 

Sikh groups ask Canadian political parties to present 'united front' against India

8 hr ago

 

A Black student was suspended for his hairstyle. Now his family is suing Texas officials

Moneris says systems back online after users across Canada report outages affecting debit, credit payments

10 hr ago

 

EXCLUSIVE | 'Shared intelligence' from Five Eyes informed Trudeau's India allegation: U.S. ambassador

Manitoba could make history by electing first First Nations premier to lead province

Canada's international student program faced with 'integrity challenges,' senators say in push for reform

8 hr ago

 

B.C. Mountie's death reverberates across law enforcement community

8 hr ago

 

Smoke prevents Yellowknife from holding welcome home celebration

10 hr ago

 

MOST READ

skip MOST READ list

1

 

25-year-old charged with murder of Const. Rick O'Brien

2

 

B.C. Supreme Court rules on Burnaby mortgage fraud case

3

 

Sunwing denies refund, offers vouchers after spousal death

4

 

B.C. nurse suspended for unauthorized access of medical records

5

 

Death of Const. Rick O'Brien casts pall over law enforcement

6

 

'He was truly exceptional': Slain B.C. RCMP officer identified

7

 

East Vancouver fire caused by suspected drunk driver: RCMP

8

 

Clayton Heights fire displaces 4 families, fire crews say

9

 

Tragic end to search in Grenada for B.C. medical student

10

 

1 Mountie dead, 2 injured in Coquitlam incident

11

 

B.C. tribunal grants woman right to keep using parking stall

12

 

Air Canada must refund B.C. woman, tribunal rules

13

 

Father of fallen teenage wildland firefighter remembers his son

14

 

Ibrahim Ali murder trial: Expert defends opinion dead girl was sexually assaulted

VANCOUVER ISLAND

 

Meaningful moment between father, son and whale caught on camera

11 hr ago

 

B.C. man fighting for a Sunwing refund after spouse dies of cancer

5 hr ago

 

Fire engines lead procession for fallen wildland firefighter

5 hr ago

 

CALGARY

 

Stanback earns measure of redemption by leading Alouettes to 28-11 win over Stamps

3 hr ago

 

Funeral held for Bangladeshi university student killed while crossing Calgary road

9 hr ago

 

Calgarians walk in support of veterans to raise awareness for mental-health initiatives

6 hr ago

 

EDMONTON

 

'It's so disheartening': Five names added to memorial for victims of impaired drivers at Saturday vigil

6 hr ago

 

Police say 11-year-old girl was sexually assaulted Sept. 19 in southeast Edmonton

11 hr ago

 

16-year-old dead, 1 other injured in crash on Highway 16

6 hr ago

 

TORONTO

 

Why is Brampton rent surging 3 times faster than every other city in Canada?

Moneris says systems back online after users across Canada report outages affecting debit, credit payments

10 hr ago

 

Teen run over by truck near Toronto after skateboarding with it

LOCAL SPOTLIGHT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MONTREAL

 

'Our people are ready': General strike possible in Quebec health, education, social services

7 hr ago

 

Two people in hospital after building collapse in Montreal North

4 hr ago

 

Firefighters battle four-alarm blaze at Dorval apartment building

4 hr ago

 

WINNIPEG

 

Advance voting begins in Manitoba's provincial election

10 hr ago

 

‘Live and let live’: Residents urged to respect nature after Seine beaver dam taken down

7 hr ago

 

'The Forty-Eight': Winnipeg Jets unveil alternate jersey for upcoming season

9 hr ago

 

SASKATOON

 

Saskatoon SPCA's Puptoberfest has tails wagging

6 hr ago

 

Saskatoon police donate body armour to Ukraine volunteers

Saskatoon judge: Fertuck's confession can be admitted as evidence

REGINA

 

Overnight fire in Moose Jaw engulfs 2 homes and 2 vehicles

6 hr ago

 

Funding in place to keep Regina's temporary shelter open past original closure date

6 hr ago

 

Regina driver handed over $1,000 in tickets after 3 infractions

7 hr ago

 

DON'T MISS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATLANTIC

 

More help offered to 100 people forced to flee fire-damaged Fredericton apartments

9 hr ago

 

SiRT investigating after arrest results in injury in N.B.

Rissers Beach Provincial Park partially reopens but the rest remains closed

LONDON

 

'No major incidents': Students partying responsibly at Western University Homecoming

9 hr ago

 

Two sent to hospital after car crash takes out east London, Ont. traffic light

London police looking for minivan involved in fatal pedestrian collision

NORTHERN ONTARIO

 

Sudbury police investigating fatal motorcycle crash

7 hr ago

 

Nipissing MPP Vic Fedeli comes to Premier Ford’s defence over Greenbelt land reversal decision

Northern Ont. international students concerned about Canada's tensions with India

7 hr ago

 

KITCHENER

 

UPDATED | SIU investigating fatal Guelph crash

8 hr ago

 

Homecoming weekend prompts safety reminders in Waterloo, Guelph

11 hr ago

 

Murder of Conestoga College student unsolved 2 years later

STAY CONNECTED

 

 

 

Follow CTV News

Search CTV News

Advertise on CTVNews.ca

Political Ads Registry

About CTV Careers

CTV News Stox

Press Room

Editorial Standards & Policies

Contact Us

CTV News App Video Help Accessibility

Stay up to date on the latest, breaking news

Subscribe to newsletter

CTV NEWS PROGRAMS

CTV National News

Power Play

W5

CTV Question Period

CTV News Channel

LOCAL NEWS

AtlanticBarrieCalgaryEdmontonGuelphKitchenerLethbridgeLondonMontrealNorthern OntarioOttawaPrince AlbertRed DeerReginaSaskatoonTorontoVancouverVancouver IslandWindsorWinnipegYorkton

© 2023 Bell Media logo All rights reserved. Use of this Website assumes acceptance of Terms & Conditions and Privacy Policy