Here is my way of doing things. It might fall in place. When kookie from Kerala says you won't get any good answers to this question here on this CD website, I feel he is right. You just came to the soup kitchen asking for where the Food Banks are. That makes me laugh and I just want to keep away from this question too.

THIS IS A PRACTICAL SOLUTION.

Get the copy of the title to the property and send the same by e-mail as an attachment. I will get back to you on this point.

Ask the second owner to for the property (that he purchased here in Canada,)we will need his IDS which he currently has there in India plus an address proof to tell us where he lives there in India. (As he signs his life away on the affidavit.) That will tell Property registry here that he currently not here in Canada. (He can also add a medical report if he so wishes to tell the Registrar that he unable to attend to it in person.)

I am sure the second owner of the property had an ID that was with him while he lived here in Canada and that which he produced when he applied for a MORTGAGE and signed the property deed also. We will need copies of the same to identify him as the same JOEBLO there in India when he goes to a LAWYER to sign the affidavit.

Since you want him off the title and the mortgage from the property, ask him to say that he is selling his share of the property to you for a BUCK and you pay him by a demand draft, drawn on your bank and mark it as in full settlement for the the sale of his share to you and ask your lawyer to send it to his lawyer there in India.

Then make a request to him for the AFFIDAVIT and a few copies to be mailed to you for the distribution. Minimum of FOUR.

In the affidavit he will start with JOEBLO with the following IDS who lived there in Canada, currently residing there in India, With his current IDS and the address proof, who was the part owner of the PEOPERTY IN HAND, wants to sell his share of the property to the one who is buying, giving the details plus quoting the numbers etc., on the Demand Draft for a BUCK to you and will have NO FURTHER CLAIMS ON IT or from you. (It is called arms length dealings) He has to sign the same in front of TWO good WITNESSES and the Lawyer to attest and provide you with FOUR COPIES of the same for your distribution and usage.

The reason I asked you for the copy of the title to property here is for the following reason. The Lawyer who attests the AFFIDAVIT will identify and attach that copy to the papers he will be mailing to you, telling the registrar that he is selling the same for a buck and that sale nails it to that particular property which JOEBLO is giving it to you.

Hope the heck he now does not "WELSH". He might come to know that the value of this property has doubled since he signed for the property and might want half the Capital Gains. That is why I said sell it to you back, for a BUCK.

You could have got all of these details from ANY MORTGAGE BROKER for FREE. They have a bunch of lawyers who are sleuths in this. I am not. My reasonings here are based upon sound legal background, and of course personal experience in this field.

Please get back to us after you complete the paper work. This will also tell us how it went about.

FH.

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Originally posted by DesiGuy1981

first, I would like to apologize for now explaining my self right and Also, Thank you very much for your replies Everyone.

so there are two owners on home title and mortgage.

A and B

A= canadian citizen

B= Was a work permit holder at the time of purchase of the house in 2004. His immigration did not work out so left canada and now in india and can not come to canada for medical reason. This person was added on title and mortgage for one reason which is to get the mortgage. to get the mortgage in 2004 was very tough and his income help get the mortgage. he has no canadian status anymore. he is only indian at this moment.

so heres the dilemma. Mr.A wants to refinance the mortgage but bank will not do it without B being in canada. A bank agent advised Mr.A to remove Mr.B from title and everything will be solved.

so i am wondering how do we go about removing Mr.B name from land title and mortgage?

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