Mortgage and Property Dispute · British Columbia Family Law
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Consent order made
Completed2026-02-14
Each party must deposit $1,695 monthly. Suite rent must go into the joint property account.
April mortgage contribution missed by John
Missed2026-04-25
Jane deposited $1,695. No matching deposit from John appears in the joint account.
May mortgage contribution missed by John
Missed2026-05-25
Jane again deposited $1,695. No separate contribution from John appears.
Lender issues arrears notice
Urgent2026-06-04
Lender requests $5,205 by June 15, 2026 to bring the mortgage current.
Confirm current mortgage arrears
Request receipts for expenses claimed by John
Confirm where May suite rent was deposited
Consent Order — February 14, 2026
Linked to: Monthly mortgage contribution obligation
Joint Property Account Statement
Linked to: Missed April and May contributions
This fictional case concerns alleged non-compliance with a February 14, 2026 consent order governing the former family residence.
The order requires Jane Doe and John Smith to each deposit $1,695 per month. It also requires all basement-suite rent to be deposited into the joint property account and applied to property expenses.
Available records show Jane made her April and May contributions. No corresponding deposits from John appear. April rent was transferred to John, and May rent was paid directly to his email address.
The mortgage payments were returned in April and May. The lender later demanded $5,205 to cure the arrears.
Important issue detected
The documents indicate two missed contributions, diverted suite rent and a lender arrears deadline.
Consent Order — February 14, 2026
Court order
Requires Jane Doe and John Smith to each deposit $1,695 monthly and requires all basement-suite rent to be deposited into the joint property account.
Joint Property Account Statement
Bank statement
Shows Jane's April and May mortgage contributions, a $1,500 rent transfer to John, and two returned mortgage payments.
Mortgage Statement — March to June 2026
Financial record
Shows returned payments, a partial payment and $120 in lender administration fees.
Text Message Export
Communication
Documents Jane's requests for payment and John's refusal to transfer funds until the parties reconcile expenses.
Tenant Rent Receipts
Proof of payment
Confirms that April and May suite rent of $1,500 per month was paid.
Notice of Mortgage Arrears
Lender correspondence
Requires $5,205 by June 15, 2026 to bring the fictional mortgage account current.
Consent order made
CompletedFebruary 14, 2026
The parties must each deposit $1,695 monthly. Suite rent must be deposited into the joint property account.
April suite rent received
ConfirmedApril 15, 2026
$1,500 was deposited into the joint property account.
Suite rent transferred to John
Potential breachApril 16, 2026
The account statement shows the full $1,500 was transferred out one day after receipt.
John's April mortgage contribution missed
MissedApril 25, 2026
Jane deposited her required contribution. No matching deposit from John appears.
John's May mortgage contribution missed
MissedMay 25, 2026
Jane again deposited $1,695. No separate contribution from John appears.
Lender issues arrears notice
UrgentJune 4, 2026
The lender requests $5,205 by June 15, 2026 to bring the mortgage current.
Consent Order
StrongEstablishes the exact mortgage and rent obligations.
Joint Property Account Statement
StrongShows Jane's deposits, the rent transfer and the returned mortgage payments.
Mortgage Statement
StrongConfirms arrears, failed payments and lender fees.
Text Messages
StrongShows repeated payment requests and John's stated refusal to transfer funds.
Repair Invoice
ModerateSupports a $640 credit claimed by John, subject to legal review.
Confirm current mortgage arrears
Request receipts for all expenses claimed by John
Review draft affidavit
Decide whether to file an enforcement application
Arrange payment of property taxes
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