Foreclosure Response Guidance

What exactly do I do here? The mortgage and titule is on my husband’s name who abandon us on * but my son and I have been living in the family home for 11 years

BLANCA DEACON (TENANT OCCUPANT) *-* Avenue Grande Prairie, Alberta T8W 0E5 Dear Mesdame: Re: Canadian Imperial Bank of Commerce ("CIBC") and BRUCE GLEN DEACON Mortgage Registered as Instrument No.: * * * Property Address: *-* Avenue, Grande Prairie, Alberta, T8W 0E5 Our File No.: JMG-*-* We are solicitors for CIBC with respect to a mortgage foreclosure action commenced in relation to the above-noted property. Please find enclosed, for service upon you, the following filed documentation: *. Application by the Plaintiff for a Redemption Order returnable AUGUST *, *; *. Affidavit of Default; *. Affidavit of Value and Valuator's Report; and, *. Certified Copy of Title. We advise you that the application scheduled for AUGUST *, * at *:* a.m., will be heard Virtually via WebEx. To access same, please see below: To appear by video: https://albertacourts.webex.com/meet/virtual.courtroom70 Virtual Courtroom * (Grande Prairie QB1) To appear by telephone: Dial in Number: *-*-* Access code: * * * The enclosed documents are being provided to you as the Tenant/Occupant residing at the subject property. Yours truly, Anderson Sinclair PC Per: Jordan M. Gruman BA. JD. JWG/nmm Encis Anderson Sinclair PCM *.*-* Street NW, Calgary, Alberta T2M * Fax: *-*-* | andsinc.com Toronto - Montréal - Vancouver Calgary - Moncton-Kentville/Halifax COURT FILE NUMBER *-* COURT OF KING'S BENCH OF ALBERTA JUDICIAL CENTRE PLAINTIFF GRANDE PRAIRIE CANADIAN IMPERIAL BANK OF COMMERCE DEFENDANT BRUCE GLEN DEACON also known as BRUCE DEACON DOCUMENT APPLICATION BY THE PLAINTIFF FOR A REDEMPTION ORDER ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT ANDERSON SINCLAIR *, *-* Street NW Calgary, AB T2M 4S2 Phone: *-*-*-* ext. * Fax: *-*-* Attn: Jordan M. Gruman jgruman@andsinc.com File Number: JMG-*-* Notice to the Respondent: This application is made against you. You are the Respondent. You have the right to state your side of this matter before the Applications Judge. To do so, you must be in court when the application is heard as shown below: Date: AUGUST *, * *:* a.m. Time: Grande Prairie Court House, *-* Street, Grande Prairie, Where: Alberta Before whom: Applications Judge in Chambers Go to the end of this document to see what else you can do and when you must do it. Remedy claimed or sought: *. A declaration: (a) as to the identity of the Mortgaged lands described in the Statement of Claim (the "Lands"); (b) that the Mortgage described in the Statement of Claim (the "Mortgage") is a valid and enforceable Mortgage over the Lands; and, (c) of the amount owing under the Mortgage, with interest according to its terms. . An Order: (a) setting the redemption period od by judicial listing period of senteny (*) days, or such other periods as this Honourable Court may deem juster (b) providing for the manner in which the land tested for sale and canceling all other real estate listings during the period of the judicial listing; (c) providing for the rights and obligations of the judicial listing realtor and directing the Drefendant(s) and any persons in possession of the Lands to co-operate with the judicial listing realtor; (d) providing for the rights and obligations of the Defendant(s) and any person or persons in possession of the Lands; (e) providing for the rights and obligations of the parties in the event the Mortgage is redeemed; (f) awarding the Plaintiff costs on a solicitor and his own client basis, to be assessed without notice where the Defendant(s) do not oppose this application or approve the said costs, or otherwise to be assessed under Rule *.* of the Alberta Rules of Court, Alta Reg */* [Alberta Rules of Court]; e) waiving compliance with Rule *.*(*)(a) of the Alberta Rules of Court; and, (f) such other relief as this Honourable Court may deem just. Grounds for making this application: *. The Defendant(s) mortgaged the Lands to the Plaintiff and agreed to pay the principal and interest payments as well as property taxes under the Mortgage; *. The Mortgage sued on in this action is in default and the Defendant(s) have not remedied that default. Specifically, the Defendant(s) have defaulted in payment of the principal and interest as well as property taxes as required by the Mortgage; *. There is sufficient equity in the Lands to support a redemption period; and, *. Such further and other grounds as counsel may advise and this Honourable Court may permit. Material or evidence to be relied on: *. The pleadings and proceedings filed and taken in this action; *. The Affidavit of Default sworn by Dorota Krocz on July *, *; *. The Affidavit of Value and Valuator's Report sworn by Jacalyn Schultz on July *, * *. A certified copy of the Certificate of Title to the Lands; and, *. Such further and other material as counsel may advise and this Honourable Court may permit. Applicable rules: *. Alberta Rules of Court, Rule *.*, Part *, Division *, and Part *, Division *; and, *. Such further and other rules as counsel may advise, Applicable legislation and regulations: *. Part * of the Law of Property Act, RSA *, c L-*; *. The Law of Property Regulation, Alta Reg */*; *. The Land Titles Act, RSA *, с L-*; *. The National Housing Act, RSC *, c N-* and its regulations; and, *. Such further and other legislation and regulations as counsel may advise and this Honourable Court may permit. Any irregularity complained of or objection relied on: *. None. How the application is proposed to be heard or considered: *. In person before an Applications Judge in Chambers with one or more of the parties present, under Rule *.*(*)(a). WARNING If you do not come to Court either in person or by your lawyer, the Court may give the Applicant(s) what they want in your absence. You will be bound by any order that the Court makes. If you want to take part in this application, you or your lawyer must attend in Court on the date and at the time shown at the beginning of the form. If you intend to give evidence in response to the application, you must reply by filing an Affidavit or other evidence with the Court and serving a copy of that Affidavit or other evidence on the Applicant(s) a reasonable time before the application is to be heard or considered COURT FILE NUMBER COURT OF KING'S BENCH OF ALBERTA JUDICIAL CENTRE GRANDE PRAIRIE CLERK OF THE COURT PLAINTIFF CANADIAN IMPERIAL BANK OF COMMERCE DEFENDANT BRUCE GLEN DEACON also known as BRUCE DEACON DOCUMENT AFFIDAVIT OF DEFAULT ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT ANDERSON SINCLAIR *, *-* Street NW Calgary, AB T2M 4S2 Phone: *-*-*-* ext. * Fax: *-*-* Attn: Jordan M. Gruman jgruman@andsinc.com File Number: JMG-*-* AFFIDAVIT OF Dorota Krocz SWORN ON JULY, * *, Dorota Krocz OATH AND SAY THAT: of the City of Toronto, in the Province of Ontario, MAKE *. I am an employee of the Plaintiff and as such have personal knowledge of the facts and matters herein deposed to, except where stated to be based upon information and belief. *. By a Mortgage made under the Land Titles Act, RSA *, c L-*, as amended and the National Housing Act, RSC *, c N-*, dated August *, *, a copy of which is attached hereto and marked as Exhibit "A" to this my Affidavit (the "Mortgage"), CANADIAN IMPERIAL BANK OF COMMERCE (referred to as the "Mortgagee") mortgaged to BRUCE GLEN DEACON (referred to as the "Mortgagor") the lands legally described as: PLAN * BLOCK * LOT * EXCEPTING THEREOUT ALL MINES AND MINERALS and municipally described as *-* Avenue, Grande Prairie, Alberta, T8W 0E5 (the "Lands") to secure payment of the sum of $*,*.* (the "Principal Amount") together with interest as set out in the Mortgage . Attached and marked as Exhibit "B" to this my Affidavit, is a copy of the Standard Mortgage Terms filed as Instrument No.: * * * at the North Land Titles Office, as referred to in the above referenced Mortgage. *. The Principal Amount was actually advanced by the Mortgagee to the Mortgagor in full and the Mortgagor agreed to pay to the Mortgagee the Principal Amount and interest in the manner mentioned in the Mortgage on the Principal Amount at the rate of *.*% per annum. *. The Mortgage provides that on default of payment of the Principal Amount or interest, or any monies thereby secured the whole Principal Amount shall become payable. *. The Mortgagee contracted with the Mortgagor under the Mortgage to pay all liens, taxes, rates, charges or encumbrances on the Lands that may fall due or be unpaid, and further contracted to insure the buildings on the Lands against damage by fire, in default of all or any of which the Mortgagee has the right to do these things and to add to the amount due under the Mortgage all costs and expenses incurred by it in that regard. *. Under the most recent mortgage renewal agreement, the Mortgagor covenanted to pay interest to the Mortgagee at the rate of *.*% per annum in the manner mentioned in the Mortgage. The Mortgage matures on April *, *. *. The Mortgagor further agreed under the Mortgage to pay the Mortgagee's solicitor and his own client costs and all legal and other expenses with respect to proceedings brought to enforce the Mortgagee's rights under the Mortgage or protect the Mortgagee's interest under the Mortgage. *. There is now owing to the Mortgagee under the Mortgage the sum of $*,*.* as at July *, * with a per diem rate of interest thereafter of $*.*, as shown by the statement attached and marked as Exhibit "C" to this my Affidavit (the "Statement of Indebtedness"). The Statement of Indebtedness includes: (a) Principal balance as at July *, * in the amount of $*,*.*; (b) Interest outstanding from July *, * up to and including July *, * in the amount of $*.* (* x $*.*). *. Attached and marked as Exhibit "D" to this my Affidavit is a schedule showing the payments that have been credited to the Mortgage during the last twelve (*) months, which payments are reflected in the total balance owing in the Statement of Indebtedness. *. Attached hereto and marked as Exhibit "E" to this my Affidavit is the Mortgage History for this product. *. Attached hereto and marked as Exhibit "F" to this my Affidavit is a copy of the tax search from the City of Grande Prairie indicating property taxes to be currently outstanding in the sum of $*,*.* as at July *, *. *. The Mortgage is insured with Canada Mortgage Housing Corporation (insurer file no. *- *-*). Attached and marked as Exhibit "G" to this my Affidavit is a copy of the Certificate of Insurance confirming payment of the mortgage insurance premium. COURT FILE NUMBER: * * COURT: COURT OF KING'S BENCH OF ALBERTA JUDICIAL CENTRE; GRANDE PRAIRE PLAINTIFF: CANADIAN IMPERIAL BANK OF COMMERCE DEFENDANT: BRUCE GLEN DEACON also known as BRUCE DEACON DOCUMENT: AFFIDAVIT OF VALUE AND VALUATOR'S REPORT ALBERTA ANDERSON SINCLAIR * * * Street NW Calgary, Alberta T2M 4S2 Telephone: File Number: Jordan M Gruman *-*-*-* ext * Igrurman@onisins.com ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT: FILED Jul *, * by Email CLERK OF THE E COURT PRAIRIE AFFIDAVIT OF JACALYN SCHULTZ Sworn (or Affirmed) on July *, *, Lawyer: JMG-*-* I, Jacalyn Schultz, of the City of Grande Prairie, in the Province of Alberta, SWEAR/AFFIRM AND SAY THAT: I have resided and carried on business in the City of Grande Prairie, in the Province of Alberta, for 17 years and during that time have had considerable experience in real estate appraisals. On the 16th day of July *, I made a careful and personal inspection of the lands in question, in this action, namely. Interior access was not granted. * * Avenue Grande Prairie Alberta T8W 0E5 Plan * * Block * Lot * LINC: * * * EXCEPTING THEREOUT ALL MINES AND MINERALS I have, to the best of my knowledge and belief, in the paper now produced and shown to me and marked "Exhibit A" to this my Affidavit, set forth full and true particulars of the state, conditions and value of the said lands and the improvements situated thereon. I have not now and have never had any interest in the said lands or in any other aspect of this action except as appraiser for the said Plaintiff in connection with the inspection and valuation made by me as mentioned above. SWORN BEFORE ME, at the City of Grande Prairie, in the Province of Alberta, this 19th day of July *. Judith RL Button Butte s in and for Alberta Appraiser Signature Commission expires April *, * Biegel and Perra Appraisals *, * * Street File: JMG-*-* F218324 APPRAISAL OF LOCATED AT: *-* avenue Grande Prairie, AB TBW0E5 FOR: Anderson Sinclair *, *-* Street NW Calgary, AB T2M 4S2 BORROWER: Canadian Imperial Bank of Commerce v. Bruce Glen Deacon aka Bruce Deacon (Claim: *-*) This is Exhibit A referred to in the affidavit of Jacalsin Schultz sworn or affirmed before me this 19 day of July * A commissioner for oaths in and for Alberta Signed by Pro AS OF: July *, * BY: Jacalyn Schultz Appraiser, CRA, P. App Commissus exipiers Αρπώ *: *:* Grande Prairie, AB TBV 7X7, Phone: (*) * * email: info@gpappraisals.com COURT FILE NUMBER *-* COURT OF KING'S BENCH OF ALBERTA JUDICIAL CENTRE GRANDE PRAIRIE PLAINTIFF CANADIAN IMPERIAL BANK OF COMMERCE DEFENDANT BRUCE GLEN DEACON also known as BRUCE DEACON DOCUMENT: CERTIFIED COPY OF TITLE ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY DOCUMENT FILING ANDERSON SINCLAIR *, *-* Street NW Calgary, AB T2M 4S2 Phone: *-*-*-* ext * Fax: *-*-* Attn: Jordan M. Gruman jgruman@andsinc.com File No.: JMG-*-* LAND TITLE CERTIFICATE LINC * * * SHORT LEGAL *;*;* TITLE NUMBER * * * LEGAL DESCRIPTION PLAN * BLOCK * LOT * EXCEPTING THEREOUT ALL MINES AND MINERALS ESTATE: FEE SIMPLE ATS REFERENCE: *;*;*;*;SL MUNICIPALITY: CITY OF GRANDE PRAIRIE REFERENCE NUMBER: * * * REGISTRATION DATE (DMY) REGISTERED OWNER(S) DOCUMENT TYPE VALUE CONSIDERATION * * * */*/* TRANSFER OF LAND $*,* $*,* OWNERS BRUCE DEACON OF * * AVENUE GRANDE PRAIRIE ALBERTA T8W 0E5 ENCUMBRANCES, LIENS & INTERESTS REGISTRATION NUMBER DATE (D/M/Y) PARTICULARS * * * */*/* UTILITY RIGHT OF WAY GRANTEE THE CITY OF GRANDE PRAIRIE. AS TO PORTION OR PLAN: * * * * */*/* UTILITY RIGHT OF WAY GRANTEE DIRHAM CONSTRUCTION LTD. AS TO PORTION OR PLAN:* * * * */*/* RESTRICTIVE COVENANT ENCUMBRANCES, LIENS & INTERESTS ISTRATION REGIST NUMBER DATE (D/M/Y) PARTICULARS PAGE * #* * * * * * */*/* MORTGAGE MORTGAGEE CANADIAN IMPERIAL BANK OF COMMERCE. * WEST 8TH AVENUE, LEVEL B1 VANCOUVER BRITISH COLUMBIA V6J4T3 ORIGINAL PRINCIPAL AMOUNT: $*,* * * * */*/* CERTIFICATE OF LIS PENDENS * AFFECTS INSTRUMENT: RECEIVED */*/* TOTAL INSTRUMENTS: * THE REGISTRAR OF TITLES CERTIFIES THIS TO BE AN ACCURATE REPRODUCTION OF THE CERTIFICATE OF TITLE REPRESENTED HEREIN THIS * DAY OF JULY, * AT *:* Ρ.Μ. ORDER NUMBER: * CUSTOMER FILE NUMBER: JMG-*-* REGISTRAR LAND OF TITLES *END OF CERTIFICATE* THIS ELECTRONICALLY TRANSMITTED LAND TITLES PRODUCT IS INTENDED FOR THE SOLE USE OF THE ORIGINAL PURCHASER, AND NONE OTHER, SUBJECT TO WHAT IS SET OUT IN THE PARAGRAPH BELOW. THE ABOVE PROVISIONS DO NOT PROHIBIT THE ORIGINAL PURCHASER FROM INCLUDING THIS UNMODIFIED PRODUCT IN ANY REPORT, OPINION, APPRAISAL OR OTHER ADVICE PREPARED BY THE ORIGINAL PURCHASER AS PART OF THE ORIGINAL PURCHASER APPLYING PROFESSIONAL, CONSULTING OR TECHNICAL EXPERTISE FOR THE BENEFIT OF CLIENT(S).

How can I respond to this if I can’t afford a lawyer and I don’t qualify for legal aid

How can I write an affidavit to respond to cibc?