B.C. court rules against tenant in foreclosed home
It led to the February ruling by the British Columbia Supreme Court in Kelowna, ultimately evicting the tenant, according to a recent summary by the British Columbia Real Estate Association (BCREA) in an issue of its
Legally Speaking publication. The details of the case, First National Financial GP Corp v. Sirotka, could serve as a cautionary tale for lenders, purchasers of foreclosed properties, and tenants alike.
The BCREA summary was written by Mike Managan, an experienced trial lawyer. He noted the case took shape in 2009 when the lender began foreclosure proceedings. On Dec. 1, the owners rented the property out on a month-to-month basis.
Just a week later, the court granted judgement to the lender to take back the home, but the tenant remained without knowledge of this. In 2010, the lender was able to start listing the property and the court approved a sale on Nov. 17 that year. The new owner asked the court for an order of possession, requiring the tenant to vacate the property. The tenant argued she had not been notified of the foreclosure in signing the lease.
When the tenant refused to leave, it took a BC Supreme Court ruling to eventually force her out.
Read the full article
here.