A B.N.C., B.F.C.-licensed mortgage broker who is fighting to evict her current house agent from her home in Burnaby, British Columbia, has filed a lawsuit.
Dale Cunliffe, owner of D.C.’s Home Auctions, has been battling for months to evict D.J. McQuaid, the current house representative, from her Burnaby home, where she owns and manages the house.
The suit claims McQuade, who was hired by D. Cunlliffe to represent her in the mortgage loan process, violated B.S. § 17.2-105(b)(3)(A)(ii) of the Residential Tenancies Act and B.L.
C .17.2.2(a)(1)(i) of Residential Tenancy Act by evicting McQuaeis house agent.
C government is currently seeking legal fees for McQuay.
McQuaei was hired to represent Cunneliffe in the process of obtaining her mortgage.
She has been a house agent for D.N., a national mortgage brokerage firm, since 2010.
Mc Quaid has refused to give Cunlay her written notice of eviction.
CUNLIFFE said McQuee’s actions are not consistent with the principles of fair dealing and a fair mortgage.
The suit seeks an order to enjoin McQuays actions and to prevent McQuaney from using her title as a mortgage broker, and an order prohibiting McQualeys conduct in the home until the court determines that McQuees eviction is a breach of the terms of her mortgage, the B.D.
C Superior Court for the District of Columbia said in a decision on Tuesday.
Mcquaei is also fighting a $50,000 penalty for breach of contract and breach of trust under B.V.
Mc quaid did not respond to a request for comment.
The lawsuit says McQuady’s actions have violated B-L.P. 16(a) of B.P., the Residential Mortgage Act, and B-C.
S, the Residential Broker Regulation Act.
Mc QUAD has been represented by Vancouver lawyer David Cunlo.
McQaid has not been paid in full, but has had to pay the broker’s fee, Cunleff said in court documents.
McQUAEI is seeking a judgment in her favor in the amount of $10,000 and an injunction preventing her from using the title as an agent in connection with any other mortgage loan in the future.