Plaintiff has been in default on the $600,000 mortgage from the outset
Neal Hall
Sun
A Shaughnessy homeowner has lost her application for more time to try to sell her $2-million heritage home, which is in foreclosure.
B.C. Supreme Court Justice Elaine Adair, after listening to legal arguments from lawyers for the homeowner, Gail Hewitt, and the person holding the third mortgage, Robert Poloni, dismissed Hewitt’s application for a two-month extension to sell the home.
Hewitt had bought the home at 1518 Laurier in Vancouver for $1.56 million in 2007 and has been in default from the outset on the $600,000 mortgage held by Poloni, the court was told.
The judge granted a final order to Poloni to possess the home and to deliver to Hewitt any of her remaining personal property.
Last week, Hewitt called The Vancouver Sun in tears, claiming Poloni had taken possession of her home and got a bailiff to take away $400,000 worth of furniture and personal possessions, which were sold at auction last week.
She alleged Poloni was a drug dealer — he was facing drug trafficking charges earlier this year with co-accused Robbie Della Penna — but B.C. Supreme Court Justice Peter Leask entered a stay of proceedings against both men in separate rulings. The Crown has filed notice to appeal Leask’s rulings.
Poloni’s lawyer, Andrew Bury, argued in court this week that Poloni has no criminal record, but that Hewitt was convicted of fraud in the U.S..
He filed documents in court showing Hewitt was convicted in 2002 in Seattle under the name Gail Hamilton Sutton after pleading guilty to fraudulently collecting $83,000 in social security disability benefits. She was sentenced to 127 days in jail.
Bury argued that Hewitt tried to sell her Laurier home for 18 months, ending in May, when Poloni was granted conduct of sale by the court.
Poloni took possession of the home and changed the locks after Hewitt moved to California in August, his lawyer said. The house now is listed by realtor Andrew Hasman for $2.2 million.
If it sold at that price, Poloni would suffer a $400,000 shortfall because there are two other mortgages and five other charges against the home totalling almost $2.6 million, Bury said.
Hewitt’s lawyer, Bob Kasting, argued his client believes the value of the home is $2.8 million, based on an appraisal she got earlier this year, which indicates she has equity in the home.
But the judge concluded Hewitt tried selling the house at that price but never completed a sale, so dismissed Hewitt’s application for an extension.
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