Legal Liability of Careless Guarantor
Written on August 24, 2010 – 6:57 pm | by William Machen
By Brian Madigan LL.B.
A recent court case dealt with the issue of mortgage fraud. In the case of Royal Bank v. Isaacs (2010)the bank sought summary judgment of its mortgage.
However, the case was not simple and straightforward. Mrs. Isaacs had been persuaded for a fee of $6,000 to act as guarantor on a mortgage. It was only to be for a term of 6 months. There was a fellow who arranged the deal, a mortgage broker and a lawyer involved. In the end, Mrs. Isaacs got her $6,000 and was content with the transaction.
Only one little problem, the arranger, the new homeowner and the mortgage broker, all flew the coop with the mortgage money.