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    Rainbow Investigations
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    Real Estate Investigation Requests Hit Rainbow Investigations

    In 2009, the world, especially in North America is a changed place. Tough economic news continues to hit the airwaves.

    Of course some businesses may actually get busier in these tough times, and almost all businesses do see some change. Rainbow Investigations is no exception.

    We have had a fairly busy start to 2009, having solved infidelities, and having being involved in many other litigation type investigations. Many of the investigation requests coming to us now have an urgency factor tied to them, more so than in previous years.

    By far the biggest change in our inquiries in recent months has been the volume and depth of shabby real estate transaction investigation requests that are coming to us.

    Of course Rainbow Investigations has been involved in investigating blatant mortgage fraud since May of 2008. We are the only private investigation firm doing such work in Calgary!

    We currently have four retained files on this, and at one time our clients were involved with seven different properties. In our flagship file, our client has given back one property to the bank, and continues to manage a second property. Our client withstood, and got dismissed a summary judgment challenge from bank number 1 on the first property and we worked with a lawyer in getting Third Party Notice’s of the Defendant out to seven third parties. Of course in the legal process, the situation continues to evolve, but we worked with our client, and our lawyer to do the Affidavit of Records on this file, and we are going to see where this goes. But, without going into too many details, we believe we have our client in good shape relatively speaking, with this matter.

    Clearly, we have saved this client all kinds of money had both these properties gone to uncontested foreclosure. Furthermore, we think we have correctly identified the sequence of events that led to this fraud.

    In our other mortgage fraud files, some of them involve huge messes from a property management team, and most of them involve scenarios where our clients were induced into getting involved by being approached by people offering an upfront cash payment to take ownership of a property. Usually the amount is $5,000.

    Rainbow Investigations cannot emphasize strongly enough for consumers to stay away from these kinds of inducements, as this is one example clearly where it is too good to be true. This scenario is a temporary gain with possible long term pain for people involved in this situation (especially if this is not dealt with before foreclosure starts!).

    The Calgary Herald continues to have classified ads, usually in the Saturday edition of the paper, from many so-called “property investors” offering very attractive deals to get consumers quick ownership of a property. Anyone answering these ads should do all the due diligence, and even hire someone to check all this out BEFORE committing to any deal with these situations, no matter how “legit” it sounds.

    Many of the current inducements include ridiculously low down payments, and all legal conveying paid by the proprietor. In these situations, Rainbow Investigations recommends that you do not take the inducement of the proprietor paying for the conveying, as the $600 you may pay for your own lawyer is money well spent from a due diligence point.

    With mortgage fraud, once a foreclosure matter has started the legal process, time is of the essence. It is essential, once you get that first Statement of Claim for Foreclosure, to get going immediately, and call a lawyer, or have Rainbow Investigations refer you to a lawyer, as any delays in responding here greatly limit the options available to you to remedy the situation. Also, any delays in getting a Statement of Defence back to the court before 15 days can ultimately cost much more in dollars, for a victim to defend.

    In addition to our blatant mortgage fraud files, Rainbow Investigations has been getting requests with all kinds of other real estate matters. In one file, in a dispute over an assumed mortgage, Rainbow Investigations discovered that our client actually owned a property that he didn’t realize he had. Other files have involved disputes over the transaction process of owner-sold properties.

    Real Estate transactions are very specific, and are governed by law. But the only body that checks with any detail into the specifics of real estate transactions is the Real Estate Council, and this body has the mandate to determine if a licensed realtor has in fact acted properly. But this body has no jurisdiction to investigate the matter from the view of the “victim”, and this body certainly has no jurisdiction to compensate the victim for real estate shenanigans. Most of the penalties to the realtors involve having to take real estate law course work, and perhaps pay a fine paid to the Real Estate Council.

    The Alberta Real Estate Council can be found here.

    One of the most unfortunate aspects of the Real Estate Council is that operates with a loophole in the Real Estate Act where a realtor can accept a lifetime withdrawl from being a realtor in Alberta under Section 54 of the Act, and as a result, the Council does not continue to investigate the original complaint on the realtor. In the past 12 months, at least 13 separate realtors in Alberta have accepted a lifetime withdrawl from being a licensed realtor under this loophole.

    The problem with this situation, from the consumers’ viewpoint, is that what exactly happened in the matter of the complaint is not investigated, and now the consumer needs to go elsewhere to uncover the facts, if they have suffered damages from what the realtor did.

    Rainbow Investigations is the only investigative service, as far as we are aware, that is doing private investigation work specifically in real estate matters in Alberta, on behalf of victims of real estate shenanigans. With our court agent experience, we have the ability to take the matter right to Provincial Court up to $25,000 to seek a direct civil judgment against the proprietor, whether this proprietor is a realtor, a former realtor, a property investor, a property developer, or whatever.

    If the loss is greater than $25,000, we have the ability to do all the investigative work, and then refer the matter to competent litigation lawyers for a Queen’s Bench law suit.

    In the near future Rainbow Investigations will be adding a new page to our website to deal specifically with our services in real estate investigations. We will include a thorough update of what we have accomplished on behalf of our clients, and an upadate on the matters that are filed in the courts.

    Date of Story: Saturday, February 07, 2009
    Story Posted By: Ron Reinhold
    Source: Ron Reinhold

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