B.C. man says his life was ruined by predatory lending

B.C. man says his life was ruined by predatory lending

Unemployed senior on disability says he was convinced to buy mutual funds with home equity loan

When Cliff Forrest bought his Chilliwack home 13 years ago, he was as vulnerable as a homeowner as anyone could be.

With no assets, unemployed, suffering with chronic depression and anxiety, the then 57-year-old purchased the Coote Street house for $210,000 in a cash deal thanks to an inheritance from his deceased mother.

The house was all he had.

Then came a knock on the door that would eventually lead to financial ruin and send him on a decade-long battle against what some call predatory lenders.

That knock was from John Vriend, a Toronto-Dominion Canada Trust loans officer who knew Forrest was house-rich and cash-poor. That’s because Vriend had been the broker for a previous $25,000 mortgage on the home to give Forrest enough money to pay the bills.

Vriend approached Forrest — an unsophisticated investor with no assets, living on disability — with a scheme to get a home equity loan to invest in mutual funds. He had never made any investments in his life and based on his financial position he had zero tolerance for risk.

“This is the first thing I’ve ever done,” he said. “I didn’t hear any down side and I didn’t really realize how bad it was. A guy that works at Coast Capital [later] said ‘Didn’t they tell you how dangerous leveraging is?’ He was horrified. Someone at Van City said the same thing.”

Forrest eventual lost his home in foreclosure and is now suing Vriend, TD Bank, as well as Manulife Securities and mutual fund salesperson Daryl Martz.

Vriend’s plan was that Forrest should purchase mutual funds from his friend Martz. These funds, so went the pitch, would provide enough income for him to live and cover the interest on the loan.

RELATED: Investing vs. paying down a mortgage

In a statement of claim filed in BC Supreme Court, Forrest claims Martz met with him and took information about his spotty employment history and his dire financial circumstances. Despite gathering that information as any financial advisor is supposed to do, following the so-called know your customer (KYC) policies, Martz recommended Forrest purchase $100,000 in mutual funds leveraging the money from his home.

Forrest further alleges that Vriend manipulated numbers on the home equity line of credit (HELOC) application stating, among other things, that the unemployed man earned $75,000 a year and had a $100,000 life insurance policy.

In the end, the leveraging scheme didn’t work, the mutual funds tanked, and on July 12, 2012 TD commenced foreclosure proceedings, something Forrest said exacerbated his chronic depression.

RELATED: Feds target housing market speculators

The now 70-year-old has spent the last five years living hand to mouth, barely able to get by.

“To function I need five pills a day,” he said. “Four for depression and the other for anxiety and sleep.”

Forrest lives in a small in-law suite on a property on Fairfield Island. All he ever does is ride his bike the short distance to a hobby farm to care for his horse, Mr. Mulliner.

“[Most] of the time I’m isolated in this suite and really don’t want to go out at all. I sit silently for much of the day. That can become a vicious circle quickly. The more I isolate the more time I spend brooding and the dark hole just gets deeper.”

Before the loan crushed him, and despite the diagnosis and a failed attempt to run a cleaning business, Forrest got funding to go back to school. He attended the agricultural program at the University of the Fraser Valley (then the University College of the Fraser Valley) and things were looking up.

“I was really looking forward to a great career in that field and was thinking it would be lab work or insect pest control,” he said.

But after graduating in 2007 he was again unable to work, crippled by depression and anxiety made worse over the inability to make loan payments.

“What Vriend and Martz and the lawyers have done has killed me,” he said. “The body still walks but there are no signs of real life happening inside it.”

Both TD and Manulife responded to Forrest’s claims denying any wrongdoing, saying he chose to take out the home equity loan and neither Vriend nor Martz did anything wrong.

A trial date has been set for next spring, but Forrest said he hopes a settlement might be in the works, maybe putting an end to this chapter in his life.

“I often wonder if things will change much after a settlement,” he said. “Will I just continue isolating with the only difference being some cash in my Van City account?”


@PeeJayAitch
paul.henderson@theprogress.com

Like us on Facebook and follow us on Twitter.

BC Supreme Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Chelsea Harry was last seen Feb. 21. Photo via Comox Valley RCMP
Comox Valley RCMP seeking help locating a missing woman

Missing person last seen in Courtenay on Feb. 21

A Coast Range Cannabis store has been approved for the Crown Isle Shopping Centre in Courtenay. Photo submitted
Courtenay council approves seventh cannabis retailer

Coast Range Cannabis to open second store in the Comox Valley

A map of the Village Forest Lands near Cumberland. Image, Village of Cumberland
Cumberland adopts forest management direction statement

Less detailed than full plan, documents sets out decision-making for village-owned land

Gp Vanier in Courtenay. Circa 2018. Photo courtesy Comox Valley Schools
Another COVID exposure alert for Vanier Secondary in Courtenay

Island Health has sent another exposure alert to parents of students attending… Continue reading

“Of Bears at Fridges, drinking Planes and Cinderella’s Shoe” is Jordis Trumby’s first children’s book. Photo supplied.
Courtenay author writes, illustrates first children’s book

When is a collaboration not a collaboration? At first glance, Courtenay author… Continue reading

Health Minister Adrian Dix looks on as Dr. Bonnie Henry pauses for a moment as she gives her daily media briefing regarding COVID-19 for British Columbia in Victoria, B.C. THE CANADIAN PRESS/Jonathan Hayward
7 additional deaths and 542 new COVID-19 cases in B.C.

Provincial health officials reported 18 new COVID-19 cases linked to variants of concern

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Chief Justice Christopher Hinkson (Office of the Chief Justice)
Judge questions whether B.C.’s top doctor appreciated right to religious freedom

Lawyer for province says Dr. Henry has outlined the reasons for her orders publicly

The City of Duncan will implement a new pilot project targeting vandalism this spring. (File photo)
Graffiti trouble? Duncan will give you the brush and the paint to remove it

Intiative based on a successful project to protect Port Alberni from unwanted spray paint

A sample of guns seized at the Pacific Highway border crossing from the U.S. into B.C. in 2014. Guns smuggled from the U.S. are used in criminal activity, often associated with drug gangs. (Canada Border Service Agency)
B.C. moves to seize vehicles transporting illegal firearms

Bill bans sale of imitation or BB guns to young people

BC Housing minister David Eby is concerned that Penticton council’s decision to close a local homeless shelter will result in a “tent city” similar to this one in Everett, Wa. (Olivia Vanni / Black Press file)
‘Disappointed and baffled’ B.C. housing minister warns of tent city in Penticton

Penticton council’s decision to close a local homeless shelter could create tent city, says David Eby

This was the scene outside North Saanich’s Parkland Secondary School after an attempted but unsuccessful break-and-enter into the school torched an ATM inside of it. Sidney/North Saanich RCMP did not make any arrests and currently lack suspects as the investigation continues. Members of the public who may have witnessed something or possess other information can contact police at (250) 656-3931 or to Crimestoppers at 1-800-222-TIPS. (Submitted)
Money to burn: burglars torch North Saanich high school ATM

Police dogs searched the exterior and interior of the school after early morning break-and-enter

The first of Fisheries and Oceans Canada’s long-range maritime patrol aircraft—the Dash-8—becomes operational. (Photo supplied by PAL Aerospace)
Fisheries and Oceans Canada’s new De Havilland Dash-8-100 long-range surveillance air craft is capable of staying aloft for eight to 10 hours for a variety of missions up and down the B.C. coast. (Photo supplied by PAL Aerospace)
New plane will double DFO’s surveillance capacity in B.C.

The Dash-8 will fly out of Campbell River for enforcement, conservation missions

A recently published study out of UBC has found a link between life satisfaction levels and overall health. (Pixabay)
Satisfied with life? It’s likely you’re healthier for it: UBC study

UBC psychologists have found those more satisfied with their life have a 26% reduced risk of dying

Most Read