SaltWire's Atlantic regional weather forecast for October 2, 2023 | SaltWireNORTH SYDNEY, N.S. — A bid by a North Sydney woman to maintain ownership of property that was foreclosed on in 2020 has failed.
The building on the site measures 20 feet x 20 feet and is located, according to the decision, for the most part on an adjoining lot which is owned by Sandra Ernst and her brother, George. The encroachment measured 15 feet in the front and 19 feet in the back. As part of the application for the mortgage, Sandra Ernst was required to provide a list of assets and debts. Campbell said she did not list 46 Jackson Drive as an additional property. She said she used 44 Jackson Drive as her mailing address but she lived at 46 Jackson Drive.
Further, Campbell said the addition was not only built on the adjoining lot but physically attached to 44 Jackson Drive. “It would be difficult to infer that CIBC, or any institutional lender, would authorize a mortgage where the security is a house or portion of a house that is attached to another structure that is built partially on one lot and partially on another. No reasonable person would expect that the bank would accept that form of security.”Campbell ordered that the siblings signed over the deed to CIBC.
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