Barbara Bell’s Hees Estates house is now the property of CIBC Mortgages Inc, and it’s on the market for $235,000.
On Feb. 10, Bell lost a battle with CIBC Mortgages Inc. when a Calgary Court of Queen’s Bench judge declared that Bell had defaulted her mortgage because she did not build a retaining wall behind her house, and failed to comply with a Town of Athabasca stop work order.
The embattled homeowner says she is losing $216,372.19 due to the foreclosure. She is unhappy with the judge’s decision, saying she had never missed a payment, and that there was no reason for CIBC to foreclose on her house.
“The masters in chambers said there was more to a mortgage than paying the mortgage payments — even though I never ever missed a mortgage payment or was late on a payment. I lost my property and the $216,000 that I paid as a down payment, and mortgage payments since July 2009 when I purchased the property,” Bell said.
“CIBC was granted immediate possession of the property and an order that they can sell it on an “as is” basis for $235,000,” Bell said.
Despite her displeasure, Bell said she does not intend to appeal the decision.
“I will spend my time, money and efforts on informing the public through the media and whatever resources are available to me of what moving to the Town of Athabasca could cost you.”
Bell said the condition of her property hasn’t changed.
“It is still dangerous to public safety and property and it is still uninhabitable,” she said. “I will pursue my lawsuit against the town more adamantly than ever.”
Bell also claims that the town is the informant who alerted CIBC to her property, a charge flatly denied by town councillor Tim Verhaeghe, who is acting as the town spokesperson on the Bell case.
“I have no knowledge of the town tipping off the CIBC,” he said. “Barb has made her case very well known.”
Verhaeghe said that he doesn’t know how the bank found out about the hill on her property, but noted that she invited Global TV to her property and a story aired on the news.
“The town wouldn’t go out of our way to make a situation worse,” Verhaeghe said.
Bell’s lawyer quit after Bell responded to the media about a letter the Town of Athabasca sent to Hees Estates residents.
