Mortgage fraud.

• Author: Mitchell, Teresa
• Position: Bench Press

A Toronto couple was astonished to discover that due to identity theft, the title to their condominium was transferred out of their names and mortgaged for over $250,000. The fraudsters disappeared with the money. The TD Bank was willing to transfer title back to them, but argued that the couple were still responsible for payments on the mortgage. Justice Echlin of the Ontario Superior Court of Justice noted that the couple "did nothing in any way to bring this nightmare upon themselves". He applied the law of deferred indefeasibility. He wrote, "under this doctrine, the risk of fraud is borne by the immediate...