Bank goes after Calgary man's house for someone else's debt
Capital One issued writs of enforcement against 3 men named Glenn Davis
A Calgary man says a bank is trying to hold him responsible for a debt owed by another man who happens to have the same name.
Glenn Davis, who has good credit and makes his mortgage payments, recently found out that Capital One had issued a writ of enforcement against his home.
“I got a letter from land titles. It was a creditor basically stating that Capital One had put a lien against my home,” he said.
Davis later figured out that another man, also named Glenn Davis, owes Capital One $4,300.
The bank had writs filed against three men in the province who share the name.
Davis said he has been trying for weeks to get Capital One to clear his name.
“The lawyers said ‘Well, we'll look into it and get back to you.’ They said they wanted a copy of my driver's licence to prove I'm not the person. I said, ‘Well why should I have to prove anything or give any personal information?’”
Capital One apologizes
Capital One issued a statement to CBC News saying the company apologizes to Davis for the error and it will be corrected.
“We will be contacting him directly to learn from his experience in order to improve our processes going forward,” the company said in a statement.
"We make every effort to validate an address before placing a lien on a property."
But according to real estate lawyer Jeffrey Kahane, what the bank did was wrong and poses a huge problem for all three men.
“Knowingly registering a writ against someone you know is not a debtor is problematic,” he said. “They should be doing a little bit more research to make sure they get the right person.”
Kahane says the problem for the other two that aren’t the debtors is they now have had something registered against them. If the bank doesn't remove the lien, then he says Davis would have had to take legal action and spend money hiring lawyers in order to have it discharged.
“And if they're in the middle of buying a home or buying a rental property or getting money for financing or anything, it could jeopardize any of that because their credit has changed with these registrations,” he said.