Law Society AlbertaThe advisory - Print

Risk Assessment a Part of LSA Operations

By M.P. (Mike) Martin, Risk Assessment Officer, Law Society of Alberta


Risk management / assessment has been around for quite a while. Risk has been and will be part of our lives regardless. We process risk in activities as simple as crossing the street or as complex as launching the space shuttle. As a risk assessment officer, I am a strong supporter of open and honest two-way communication. What daily challenges do you face in your profession, and what do you see as future challenges? I encourage Advisory readers to contact me with your views and concerns with practicing law today and in the future. In future issues of the Advisory, I will address risk-specific subjects and suggest strategies to deal with risk.


Risk in the Legal Profession: Mortgage Fraud

By M.P. (Mike) Martin, Risk Assessment Officer, Law Society of Alberta


In light of what's happening in the United States with the sub-prime loan debacle, now may be a good time to review Mortgage Fraud indicators:
  • Title searches show recent transfers of the property or a pattern of mortgages being registered and discharged shortly thereafter;
  • The Statement of Adjustments does not reflect the real estate purchase contract;
  • There is a surplus of mortgage proceeds after closing that are to be paid to the borrower or third party;
  • The real estate purchase contract raises suspicions such as: the witness for both the buyer and seller resembles the signature of one of the parties; non-arm's length relationship between the seller and buyer; the deposit is paid directly to the seller; the entire down payment is paid by way of deposit; falsified down payments such as repairs, decorator or appliance allowances;
 
  • The execution of documents raises suspicions such as: the documents are taken out of the office for execution by the borrower and witnessed by a party to the transaction; photocopied or altered identity documents; lack of picture I.D.; I.D. presented on behalf of absent party; buyer has little or no knowledge of the loan terms or property details and is evasive when asked questions;
  • Multiple transactions with similar characteristics such as the same realtor, appraiser and mortgage representative;
  • Lender's Instructions have different details of the transaction from the actual details of the transaction such as purchase price, owner occupancy, down payment;
  • Inordinate delays from seller's lawyer.
For more information, contact: M. P. (Mike) Martin, Risk Assessment Officer, ph: (403) 229-4778 or email Mike.Martin@lawsocietyalberta.com


Commemorative Book Launch Set for October 23, 2007


Please join us for the launch of the 100th Anniversary Commemorative Book which combines superbly written stories and photographs showcasing our rich and diverse history. The book is produced by the Law Society   of Alberta and Legal Archives Society of Alberta. The launch will be held in the Lougheed House in Calgary 5:00 - 7:00 p.m. RSVP Brooke Hunter at (403) 229-4779 or brooke.hunter@lawsocietyalberta.com



2007 Viscount Bennett Scholarship Winners

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Recently she served as a national leader for Ship for World Youth, sponsored by the Government of Japan, and served as the Canadian national office coordinator and director for Lawyers without Borders.

Born and raised in Calgary, Mr. Douglas earned his LL.B from the University of Western Ontario in 2005, a Masters of Arts degree from the University of Essex in 2001, and his Bachelor of Arts degree from Trinity Western University in 2000. Prior to studying law, Adam worked for an international human rights organization in Washington, D.C and Nairobi, Kenya.

(Photo of Adam Douglas not available.)

Centennial Stamp to Honour Alberta Legal Profession

Designed by Calgary artist, Xerxes Irania of nonfiction studios inc. and issued by Canada Post, this single domestic rate (52 cent) postage stamp will honour LSA's 100th Anniversary.

The stamp was launched during a noon-hour ceremony on Sept 13 at Edmonton City Hall by Jim Peacock, Law Society of Alberta President and Canada Post.

"The official first day cover includes the anniversary cancel and seals, which look as if they've been embossed into the paper, making this issue a fitting tribute to the Law Society, says Danielle Trottier, manager of Stamp Design and Production at Canada Post.