2017 QCCQ 7266, 2017 QCCQ 7266

Home Equity Mortgage Corporation c. Leslie 2017 QCCQ 7266 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-22-233573-164 DATE: June 22 nd , 2017 ______________________________________________________________________ BY THE HONOURABLE YVES HAMEL, J.C.Q. ______________________________________________________________________ HOME EQUITY MORTGAGE CORPORATION ("HEMC") Plaintiff v.

Sandra LESLIE -and- Glenn LESLIE Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ The Court , having been submitted the Reamended introductive demand for forced surrender and sale by judicial authority and reimbursement of loan (Application) , renders the present Judgment [ 1 ] CONSIDERING the absence of contestation; [ 2 ] CONSIDERING that the Defendants acquiesce, in part, in the Application ; [ 3 ] CONSIDERING the Plaintiff’s acceptance of the acquiescence of judgement , in part; [ 4 ] CONSIDERING the Judgement rendered today by the Court establishing the conditions and charges of the sale as follows: - For the five first months of listing, the price of sale: $137,000.00 - After five months and for an additional period of two months: $116,450.00 [ 5 ] THEREFORE the Court ACKNOWLEDGES of the acquiescence of judgement; [ 6 ] FOR THESE REASONS, THE COURT : [ 7 ] GRANTS the Reamended Demand; [ 8 ] ACKNOWLEDGES the existence of Plaintiff’s hypothecary claim, said claim amounting in capital, interests and costs to the sum of $ 39,249.95 plus interests at the rate of 5,290 % per annum since June 22nd, 2017 and any additional charges and costs that would be paid by the Plaintiff up to the sale; [ 9 ] ACKNOWLEDGES the default of Defendants to execute their obligations pursuant to the Deed of loan registered at the Land Registry Office for the Registration Division of Terrebonne, on August 30th, 2012, under the number 19 374 751; [ 10 ] CONDEMNS the Defendants to pay to Plaintiff the sum of $ 58,160.84, plus interests at the rate of 5,290 % per annum since June 22nd, 2017; [ 11 ] ORDERS Defendants to surrender the immovable hereinafter described within a delay of thirty (30) days from the service of the judgment; DESCRIPTION “ An immovable fronting on du Mont Rolland Road, in the Municipality of Saint-Hippolyte, Province of Québec, known and designated as being lot number […] of the Cadastre du Québec, registration division of Terrebonne.

With the building thereon erected bearing civic […] , Saint-Hippolyte (Québec) […] ." [ 12 ] AUTHORIZES the sale by judicial authority of the Immovable hereinabove described under judicial authority by agreement under the conditions mentioned hereafter:

a) The deed of sale shall mention that it is a sale by judicial authority;

b) The person appointed to proceed with the sale shall act in the name of Defendants Sandra LESLIE and Glen LESLIE and shall not be held personally responsible and liable for any obligation imposed to the Vendor by law;

c) The sale to intervene shall be made without any warranty whatsoever, the Purchaser buying at his own risk and peril;

d) The Purchaser shall have the sole responsibility to examine beforehand the immovable as well as the titles of property;

e) Plaintiff and/or the person appointed by this Court shall not have the obligation to produce any other title than those already in their possession, the same applying for the certificate of location;

f) The Purchaser shall be responsible of the payment of all applicable taxes;

g) The transfer of the ownership of property and the taking of possession will only take place once the purchase price as well as the applicable taxes, if any, are fully paid;

h) The Purchaser shall pay the fees for the preparation of Deed of sale, its registration and any radiation, if any, as well as the costs of an additional copy of said Deed for Plaintiff;

i) All usual adjustments for the property taxes, electricity and heating expenses, will be made at the date of the sale;

j) At the time of all purchase offers, the Purchaser shall make a deposit of a minimum amount of $5,000.00, payable to the person appointed to proceed with the sale; [ 13 ] AUTHORIZES the sale by judicial authority by agreement of the immovable hereinabove described; [ 14 ] FIX the reserve price of the immovable as follows : - For the five (5) first months of listing: $137,000.00 - After five months and for an additional period of two months: $116,450.00 [ 15 ] AUTHORIZES Plaintiff to purchase the immovable hereinabove mentioned; [ 16 ] RESERVES Plaintiff the right to request to change the reserve price , if need be; [ 17 ] DESIGNATES AND APPOINTS Line Senez, Stéphanie Paul, François Taillefer or Marie-Claude Drapeau, bailiffs of the firm of Paquette & Associés, appointed by this Court or any other bailiff of this firm to proceed with the sale, the preparation of the scheme of Collocation required by

Section 771 C.C.P. and to distribute the proceeds of sale in accordance with the

schedule of claims and prepare any other document in relation to the mandate at an hourly rate of $ 95.00/hour plus disbursements; [ 18 ] AUTHORIZES the person appointed to proceed with the sale to retain, within the scope of his mandate, the services of any real estate agent, who may paid by a commission up to a maximum of five per cent (5 %) of the purchase price; [ 19 ] RESERVES Plaintiff all its rights and recourses to obtain the eviction of the possessors of said immoveable should such possessors be in default to surrender the immovable within the delay allowed; [ 20 ] CONDEMNS Defendants to pay all legal costs involved. __________________________________ YVES HAMEL, J.C.Q.

Me Isabelle Poirier DE GRANDPRÉ JOLI-COEUR Attorneys for Plaintiff Me Nicholas Sanzari Attorneys for Defendants Date of hearing: June 22 nd , 2017