Elderly widow misled into co-signing mortgage and loan

In February, 2005, an 80-year-old widowed client decided to sell her house to her daughter-in-law for $100,000, though she would continue to live in the house. As the daughter-in-law was not able to qualify for the $95,000 mortgage on her own, she asked the client to co-sign the mortgage, as well as act as a guarantor on a loan, which the client did. A few months later, the daughter-in-law informed the elderly client that she no longer wished to provide her with accommodation and asked her to move out of the house.

The client turned to her daughter for help and shelter. Upon receiving a power of attorney from her mother, the daughter soon learned about her mother's financial involvement in the two loans with the daughter-in-law. Acting on her mother's behalf, she asked the bank to release her mother from any responsibility for the loans, but the bank refused.

The client then turned to OBSI. During our investigation, we found that the bank did not breach any of its internal guidelines when assessing the elderly client's ability to carry and eventually repay the debt, even though she was living on Old Age Security benefits. However, the evidence showed that the mortgage officer had been warned more than once that the client could be the victim of financial abuse. Of concern were the client's advanced age and vulnerability, her limited knowledge of financial matters, and the fact that the loans were only benefiting her daughter-in-law.

We determined that the bank should have ensured that the client was making an informed decision. Our investigation also showed that, in similar circumstances, some banks would require the client to obtain independent legal advice so that she would fully understand her commitment. Under the circumstances, we recommended that the bank release the client from any responsibility for the two loans taken out by her daughter-in-law. The bank agreed.

(2009)