Mortgage fraud and the balancing of interests

By James R.G. Cook (August 27, 2024, 2:08 PM EDT) -- The prevalence of real estate title and mortgage fraud in recent years has led to situations where a court is faced with a balancing of interests between innocent parties. In Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan, 2024 ONSC 4481, an innocent lender’s mortgage was held to be enforceable notwithstanding the arguments of the home owner that she was an innocent victim of a title fraud....