Question
Many years ago Raquel's parents gave the family cottage to Raquel and her brother Alan.The cottage was registered in both their names.Al a widower, died
Many years ago Raquel's parents gave the family cottage to Raquel and her brother Alan.The cottage was registered in both their names.Al a widower, died recently, and he left everything he owned to his only son, Bob.Bob now thinks that half the cottage is his.Raquel insists that the entire cottage is hers now and Bob has no claim on it.They have both called lawyers.Raquel is also concerned about a neighbour at the cottage, Steve, who owns the cottage behind them.For 25 years Steve has always walked over Raquel's land to get to the water, but this past year he has also left a small sailboat just behind Raquel's garden shed.Raquel told Steve to remove the boat from her property, but Steve claims he has every right to leave it there.Raquel now wants to prevent Steve from ever coming on her property again for any reason. Lawyers have been called.Raquel also has other problems. She purchased a house last year for $400,000 and has a large mortgage on it of $360,000.She missed her mortgage payment last month and the TD Bank has told her she must come up with the full $360,000 within 30 days or it will be selling their house.The bank also warned her that house prices have dropped and if they sell the house for less than the mortgage, Raquel will be sued for any amount still owing.The bank also said if it sells for the more than the mortgage, then the bank is entitled to keep all the sale proceeds.
Raquel thinks this is not right and has contacted you, her lawyer. Discuss the legal issues fully and advise Raquel of her rights.
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