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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 03-17-2017, 11:50 AM
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When I sold my house, it was about five years ago. I can't remember... Are there any documents the real estate agent has that would state the mortgage amount on a property?

Basically, I need to subpoena my Respondent's real estate broker for some type of document stating the mortgage payout amount and sale price on a property he recently sold.

My thoughts are it will be easier to subpoena him for the both record vs the bank the mortgage was with. Plus I need the selling price.

At my uncontested trial, the judge put in her endorsement I provided enough evidence to show his second property was used as a rental property to generate additional income and the proceeds from the sale of the home should be used to contribute to child support. But on the property title I showed, it had the original mortgage amount. I need to show the court the sale price and mortgage payout amount.
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Old 03-17-2017, 11:56 AM
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You could get the mortgage amount from the mortgage holder (ie the bank or a broker). The realtor would only have it if they are selling it and even then they probably dont. When I sold my house my real estate lawyer needed to get a statement from my brokerage on the remaining mortgage.
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Old 03-17-2017, 12:06 PM
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Thanks rockscan. That was my fear. I'm not sure who at the bank I'd need to list. I think I go about this by doing a motion asking the judge to order a form 20 disclosure from the bank. I just need to figure out who at the bank. And a form 20 disclosure from the broker for the sale price

Last edited by Bellbaby; 03-17-2017 at 12:06 PM. Reason: Spelling error
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Old 03-17-2017, 12:15 PM
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If you have an order for disclosure you should be able to just hand it in at the bank. They get served with forms all the time. I had to serve a garnishment notice and they just took it and froze the account from the branch.
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Old 03-17-2017, 12:18 PM
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He's to provide disclosure by June 30 every year. The judge just ruled based on a paystub I had of his from 2015. Nightmare as he's had raises and a promotion to flying a bigger plane since then.
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Old 03-17-2017, 12:38 PM
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Quote:
Originally Posted by Bellbaby View Post
When I sold my house, it was about five years ago. I can't remember... Are there any documents the real estate agent has that would state the mortgage amount on a property?
1. Go to a lawyer who practices in Real Estate Law.
2. They can pull all the documentation from Service Canada. It shows everything and is a public record.
3. They can get the plan of survey and everything if you want.
4. It will show all the liens on the properties and their values. Even historically.

The alternative is to walk yourself down to city hall and get it yourself. All you need is an address. They are all part of the public record.

You don't need to do anything dramatic to get the information.

Good Luck!
Tayken
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Old 03-22-2017, 06:57 PM
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Quote:
Are there any documents the real estate agent has that would state the mortgage amount on a property?
In addition to Tayken's advice, your real estate lawyer should have everything on file since you are under 7 years since the deal closed. Your closing account will show you the price of the house and where all of the funds came from / went to.
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Old 03-22-2017, 09:09 PM
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What type/name of paperwork would that be on? I'll need to do a motion asking for an order for his real estate lawyer to produce this.

Bill of sale?

Thank you!
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