by footloose » Thu Jan 20, 2011 01:56:30 PM
It is common practice that when a bank holds a mortgage on property and is subsequently presented with a lien on that property, they will immediately pay out the lien and add the payment to the mortgage. The reason they do this is that you chose not to pay this bill, for whatever reason, and they will not continue to hold the mortgage with an outstanding and unpaid lien. If they did not pay out the lien, they could not renegotiate the mortgage at the end of the term. The lien would have to be paid out before the mortgage could be renegotiated. By this time, the lien would be much larger due to accummulated interest which, in turn, would increase the amount that was added to your mortgage.
No one on this forum has any idea what were the circumstances surrounding the erection of this fence, what was agreed to, including costs, written contracts, etc. I would suggest that you contact LegalHelpOntario.org which is staffed with lawyers offering pro bono ( free) legal advice. Also contact the Law Society of Upper Canada ( you can visit their website ) and ask for their Lawyer Referral Service. They will provide you with the names and phone numbers of 2 to 3 lawyers who are practicing in your area and who practice in civil and real estate law. These lawyers will provide you with 1/2 hour of free consultation to discuss your situation. You can then decide whether you want to pursue this matter legally or whether you want to drop this matter and move on with life.