Our Story

29 Q Okay. Do you recall seeing this before?

30 A Yes, I’ve seen this before.

31 Q And this was given to you again to assist you with

32 financing?

33 A Probably. It would have given the banks — the

34 bank an idea of what — what property I did have.

72 Lucy Hundley (the Plaintiff) (Recalled)Cross-exam by Mr. Davison

1 Q Okay. And then the third one is the apartment

2 building on the next page?

3 A That’s correct.

9 Q And was this document used by — did you give this

10 to the bank?

11 A I presume I did

Evidence before the Court proved that Ms.Hundley was not able and ready to purchase the Garniers property, she did not have the money available to do so. Ms.Hundley did not get the money to pay for the Garnier’s property until April 27, 2007. Material evidence attached. Ms.Hundley was not able and ready to pay for our property on April 3 or 11 or 26. Through the assistance of Mr. Hunter (who had direct contact with the loans officer at HSBC) [Hunter’s fax to Ms.Morin dated April 18, 2007.

291 Marny Morin (for the plaintiff)In chief by Mr. Doung (continuing)

44 Q And do you recall if that occurred?

45 A She did, yes.

46 Q When?

47 A I can’t remember.

Page 292

1 Q Okay.

2 A It may have been April 27th, it may have been

3 May 1st, but I had the money when I wrote this

4 letter.

304

Marny Morin (for the plaintiff)

Cross-examination by Mr. Davison

21 A The advance for the purchase of the property was

22 $592,000-something.

23 Q And do you recall when she obtained that?

24 A I don’t understand.

25 Q When was she given that mortgage? When was she

26 given approval that she was going to get that

27 mortgage?

28 A Sometime before April 27th.

10. DEPOSITS: Ms. Hundley’s Offer required the Deposits must be paid upon acceptance and under section 2, 10 and 12 of the Contract of Purchase and Sale EXHIBIT D” The date of acceptance was February 13, 2007. Time was of the Essence(s.12). Ms.Hundley paid her deposit 12 days after the time of acceptance expired.