Need Help - dealing with unauthorized lien on property title - Ontario Home Services / Home Trust Company
I'm pretty much new here, and I was searching online and stumbled upon several posts who got scammed about these Home Services offering installation of AC / Hepa Filter cleaner.
So lets get to the story right away. I rented my house in Brampton Ontario and I didn't have problem with my tenants. They were decent people and paid on time and no issues at all.
Now, fast forward this year of March 2018, I decided to sell my house only to find a week before closing date that I have a lien against my property title that I didn't authorized at all.
Looking at it, it's saying about "Hepa Filter Air Conditioner". For some reason Ontario Home Services managed to have my tenants to agree to install an AC in my property while telling them that they won't be paying anything. From my tenants understanding, they were already paying the "Enercare" maintenance plan and the sales agent made it sound that it's part of it. Anyhow I'm trying to get more info about this fiasco since I only have about a week left to clear or have this lien removed on my property which by any means it's impossible to do so.
Somehow, Ontario Home services managed to issue a contract that apparently has my authorization which is hilarious because I didn't sign any contract and I did not see any contract.
I ended up contacting both Home Trust Company and Ontario Home Services. I questioned them how did they managed to issue a contract and also register a lien on my property title without my authorization and without me knowing this. I only found out to my tenant that they are paying around $300 a month on their enbridge bill due to additional charges that Ontario Home Services managed to add a week before my house closing date May 2018. I pretty much got the "Pass around" scenario between them. I called Home Trust Company and spoke to an agent about the lien they registered against my property and they told me that their managers just told them to do so and they just follow it without even a question. I was told by their agent to call Ontario Home Services about this which didn't get me anywhere. The most annoying part was that the Ontario Home Services agent told me "Well, you signed a contract and it's under your name or somebody did authorize it and it's showing your name". I told them I did not see any contract and I did not agree to any contract. I asked them, if they even verified the person who signed it; I was told "well, we didn't". The agent then tells me that signature pretty much don't mean a thing since they can't even verify my real signature to begin with.
So this is where I am getting totally pissed.
I spoke to my tenant about this; my tenant told me they don't remember signing any contract, and the agent from Ontario Home Services basically just asked them about my name(landlord) and they issue them a receipt of installation??? I asked them about a contract if they did sign and they told me they didn't sign any. However, they gave them bunch of papers which I have to see and I am waiting to see especially the "Signature" part. They were told by the agent that they're getting this install for free and they shoudn't get any bill. It seems that the AC was installed around summer 2017 time and they were told they are doing maintenance; my tenant was under the impression it's part of the "enercare" maintenance package that they paying and it covers it. Here's the funny part, around November, that's when they finally got a visit from a manager from ontario home services to pay up or just add it in their Enbridge monthly bill and they have to pay around $10000+ worth of charges and now it's part of their monthly bill. Real Smooth play by this company and somehow, lien was registered against my property on Nov 2017. Come to think of it, who does install of AC during November month? So it seems that they purposely let the bill to be unpaid for few months until they could register a lien against my property.
The sad part of this was how I just ended up finding about this lien today, and since it's attached to my house I am responsible to deal with it and work my old tenant.
What I don't understand is how this company "Ontario Home Services" can just issue a contract without the real owner of the house even while my tenant told them multiple occasions that they are only "tenants and renting" and the owner is not available. I asked them to send me a copy of the contract they told me they will email it to after I provided them my email address. The funny part, they didn't even email anything. Seriously? Especially I told them, I want to see the part at which it shows that I signed the contract?
Totally a scammer company. Who the heck deals with tenants to install something and managed to register a lien against the property title. By the way below is break down of the AC install.
AC Cost - $6858.52
Hepa Filter System - $5143.89
By the way my house is only a 1000 sqft house.
AC cost that much? That's super crazy.
I hope this serves a warning to landlords out there. Before you sell your property, ask your lawyer to do a title search right away to see if there's any unauthorized lien against your house.
I'll definitely be doing more research on this because there's no way I will let them get a way with $12000 worth of hard earned cash.