Thank you so much for your reply all the time and i appreciated. I will keep posting a reply here whatever the outcome of my battle and my rights here.

If you honestly believe that you never received a mortgage renewal agreement from the bank and that you never signed any documents to renew the term of the mortgage, I would suggest that you contact the bank and arrange ahead of time a date and time when you can see the mortgage renewal agreement with your signature affixed. If the bank questions you as to why you want to see the mortgage renewal agreement, tell them that you have no recollection of ever signing such an agreement and that you have reason to believe that if the bank possesses such an agreement, that the signature is a forgery. After viewing this alleged document, and you believe that your signature is a forgery, contact your local police services and tell them that you want them to investigate a suspected fraud matter. If on the other hand, the bank cannot produce the mortgage renewal agreement, request them to remove your name as a mortgagor and report that information to the credit bureaus.

Report back to this website as to the results of your investigation. This information will be valuable to both our members and our readers.

Thank you for your reply.

I guess im getting closer on what exactly i wanna do. You mentioned about renewal agreement and it gaves me an idea what will be my option now or what i wanna do next.

I've never sign any renewal document or agreement from the mortgagor after the first term end. And I did some further research and i found out if I am not been part of renewal agreement or i am not aware with the notice that the bank suppose to sent me about renewal agreement after the first term end I am suppose to be not liable to the mortgage. I read few cases about renewal in CANLii and the judges decision kinda helpful and it gives me an idea what are my options now.

So since im not involved with the renewal agreement i am going to do two things, either i will wait for the bank to foreclosure the property and sell the house and wait if they able to sell it on the price more than the actual owing and dont bother me at all to get money from me or i will see and check if they will be continuing sending report to the credit bureau if they will do so i will go to the court and i am going to sue the bank, the mortgage broker and my ex wife.

infact today , i sent them all a letter stating i do not want to receive any letter from the bank because i know the fact i am no longer responsible with the mortgage because i am not aware when was the renewal of the mortgage and i did not sign anything and i told them not to send any report to the credit bureau, if they will continue i am going to the court. i sent copy to my ex wife too. because i am thinking might be she received a letter of renewal agreement from the bank and she dealt with that and might be she forged my signature too. i just want them to be aware i know my rights. i guess the mortgage broker is responsible to do reasonable effort to contact me or my ex wife and not allowing my ex wife to renew the mortgage without my signature i read that from the terms and conditions of the mortgage contract i signed previously. that the mortgagor needs to send me a notice of renewal agreement and i should return it to them with my signature to become effective.

thanks again.

Going to the Superior Court of Justice to seek assistance in removing your name from the mortgage is a colossal waste of time because they can do nothing for you. A court is primarily used as a forum whereby a plaintiff wishes to sue a defendant. Therefore, it begs the question. Who do you wish to sue? The bank, the mortgage broker, your ex-wife?

In your current situation, you have little choice but to seek out the services of a litigation lawyer. He/she will explain in detail your problem and what are your options. As I explained in a previous blog, the mortgagee will NOT voluntarily remove your name from the mortgage. This whole matter should have been dealt with at the time of the divorce and by ignoring it at the time has now brought this situation to a point whereby you now have to deal with it. Lawyers don't work for nothing, so unless you are prepared to "cough up some dough", for legal fees, you, my friend , will be forced to live with a lousy credit report and credit score. This can seriously impair your ability to obtain additional financing or even a credit card. Consider your options carefully.

Thanks for your reply, it seems i am getting closer to the answer on my problem. Infact, I heard that before,back in 2006 I went to the bank and since I am no longer living in the house and my ex wife and her whole family (parents, sibling and my daughter) currently living in the house . I talked to the person who handled our mortgage and asked her what are my options removing my name off the mortgage. She said, i need to get a lawyer to do that and my ex wife will sign the document to agree removing my name to the mortgage but unfortunately my ex wife doesn't want to cooperate and did not want me to remove my name to the mortgage. The bank said, need to wait on the renewal date which is 7 years after we got the mortgage, so I guess the renewal date suppose to be August 2009. I did not sign any document to renew the mortgage so I am confident my name already been removed.

But, upon checking to my credit report due to non payment of my ex wife to the mortgage my credit is being affected. And I found out upon contacting the bank last November 2010 they told me my name still on the mortgage.
And last time when we went to the bank last week, the mortgage agent told me on January 2010 its renewal of the mortgage asking me what I want for the terms if i want OPEN or CLOSE interest to the mortgage etc. I did not say anything and I did not sign any document since she said the mortgage is in arrears they cannot change anything right now. I did not ask anything about I want to remove my name to the mortgage because it seems its not a right time to discuss I feel its too late to act. I am thinking to wait for my ex to paid the arrears and up to date the mortgage and I will go to the court to seek an assistance to remove my name off the mortgage or sell the property.

In 2006 when I asked the bank how to remove my name off the mortgage sounds like they are discouraging me to do that and they just ignored me. If you are saying, after renewal and I did not sign any document to renew the mortgage, how come my name still on the mortgage and it seems the bank automatically renew the mortgage without my knowledge.

What do you think is the best option right now ?

What is the term of the mortgage? In other words, what is the date that the mortgage has to be refinanced? Does your ex-wife currently reside in the house?

You will only be able to deal with this situation when the mortgage comes up for renewal. Why would the mortgagee voluntarily remove your name from the mortgage? At the time of renewal, you can refuse to sign the new mortgage. If that happens, your ex-wife now must assume full responsibility for the mortgage, assuming the mortgagee will permit the renewal based on the history of past payments, or what is more likely, the mortgagee will refuse to renew the mortgage, and your ex-wife will have to find a new mortgagee. If that is not possible, the current mortgagee will foreclose on the existing mortgage and sell the property.

Hi there, I went to the bank next day after I read your response here. Then I spoke directly to the mortgage agent who assisted us to get the mortgage back in 2004. I told her I called the customer service and somebody I spoke from the credit and collection dept. about the status of the mortgage which in arrears. Unfortunately she can't give me further information because even the branch is not aware about the status of the mortgage. She called their central credit and collection to confirm what I've said to her. And she told me there will be a letter was sent to me and I will be able to get that soon.

I got the demand letter last Friday thru post mail , and their demand is for me to pay the full arrears amount owing $2231 within ten days from the date of the letter, the due will be January 03, 2010 which is today and on the letter it was said the mortgage should be up to date and paid the arrears or the bank will do all options available resulting in foreclosure or power of sale of the property.

So, what do you think shall I do? Is this the right time for me to go to the court and seek an assistance to remove my name off the mortgage or sell the property, or I will just wait until my ex wife able to pay the arrears and up to date the mortgage?

the bank mentioned, all expenses will be charged to my account as part to the mortgage loan agreement and I understand that part.

I sent copy to my ex wife and contacting her but unfortunately she was avoiding me and never returning my call as she always do. that's why my only options is to do all this things thru the court because my ex wife always ignoring me.

Contact the bank ASAP and ask them exactly what they want by January 7, 2011. From the information that you have supplied, my guess is that the bank wants the entire mortgage outstanding paid by this date. In other words, if there is $40,000 owing on the mortgage, the bank wants $40,000 plus accrued interest by January 7, 2011. The fact that the mortgage payments have been continually late has violated the terms and conditions of the mortgage agreement and the bank is merely exercising their right to foreclose on the mortgage. If my assumption is correct, then if your ex-wife can come up with the money, then the mortgage becomes paid and you are no longer a mortgagor. Problem solved. If my assumption is incorrect, report back on this website what the bank told you and what they want.

Hi good evening, thanks for the reply and I understand that legal issue. i know the fact my ex wife she will be able to make that demand payment she has her 2 siblings ,parents and my child living with her. she wont be able to loose the house. this is not her first time infact she was delinquent 11 times last year til august 2010.

my question now,in the event after she able to make that demand payment and up to date to the mortgage i really want to proceed to the court and seek an assistance to remove my name off the mortgage or sell the house, is that ok? what will be my first step? is the bank will be the plaintiff and my ex wife and i will be defendant?

i know it will keep happening again for the mortgage to be in arrears even she will make a payment. so i want to remove my name off the mortgage. thank you.

Whether you realize it or not, you have a complex legal matter on your hands. As a signatory to the mortgage and this matter was not dealt with at the time of the divorce, you are still liable for the mortgage payments, regardless if your ex-wife is making payments, albeit late, on the mortgage. Because of the continual late payments, the bank is now exercising its rights under the terms and conditions of the mortgage by calling in the balance remaining on the mortgage by January 7, 2011. Assuming that the total amount owing on the mortgage will not be paid on this date, the bank will now begin foreclosure proceedings. What this means is that the bank will give notice to any party residing in the house to vacate the premises, usually within 60 days and then the bank will take possession of the property. Once possession has been obtained, the bank will put the property up for sale. If the proceeds from the sale are less than the outstanding mortgage owing, the bank will commence legal proceedings against the mortgagors for the shortfall ( deficiency ),