Pubdate: Tue, 28 Oct 2008
Source: Terrace Standard (CN BC)
Copyright: 2008 Terrace Standard
Author: Margaret Speirs
Bookmark: (Asset Forfeiture)
Bookmark: (Cannabis - Medicinal - Canada)


A Couple accused of running a marijuana grow-op in their house remains
in the residence despite the bank foreclosing on it and putting it up
for sale.

Larry Tallon and his wife Lynda, who are awaiting their next court
date after having both been charged with production and possession of
a controlled substance, are now living without knowing when they may
have to move.

The charges stem from Sept. 12, 2007 when police executed a search
warrant on a Halliwell address.

Officers seized 150 marijuana plants and a "substantial amount" of
harvested marijuana from the basement of the residence, police said at
that time.

In March 2008, police raided the home again and saw a medical
marijuana licence giving Tallon the legal right to grow a certain
amount of marijuana and have a certain amount of cultivated cannabis
on hand to deal with an undisclosed medical condition. Police left
after checking on the legitimacy of the licence and charges have not
been laid for that incident.

Both Larry and his wife have been unable to work: Larry because of his
medical condition and Lynda due to the trauma of the police raids,
said their lawyer Don Skogstad.

As a result, they failed to make mortgage payments so the Royal Bank
has contracted local realtor John Evans to list the house for sale
after beginning a supreme civil court case on the foreclosure earlier
this year.

The Royal Bank of Canada has been granted a court-ordered conduct of
sale, meaning they are marketing the house, explained Evans.

"They have the right to market it to try to attract a buyer. They
don't have the right to sell without court approval," he said.

The three-bedroom, two-bath home on Halliwell Ave. has been listed for
$200,000, an amount deemed by the bank to be market value to redeem
the money owed to the financial institution, Evans said. Tallon said
the grow-op continues to produce marijuana to treat his medical condition.

As far as showing the house, Evans said his job is no different than
for any other tenant or occupant still living in a residence for sale.
Realtors show the house and try not to be too disruptive to the residents.

"Still keeping in mind regardless it's still their home, they still a
have legal right to their home and we'll work with them to try to do
our job at the same time, without affecting their peace and enjoyment
of their property," he said.

As with any other house for sale, the prospective buyer is free to
look at any room in the home, hire a home inspector etc. He said any
house that's priced well has a good chance of selling and the Tallon's
home is no different.

"The home is well-located with plenty of recent renovations so the
asking price is based on the recent appraisal so I would expect that
30 to 60 days is a reasonable selling period," Evans said.

Money from the sale of the house would go toward the bank recovering
its costs and the value of its mortgage on the property while any
remaining funds are handled according to the direction of the court.
An order to move out would be issued by the bank.

Larry Tallon said he and his wife don't know how long they can remain
in their home. They have a few options of where to live if and when
they do have to move, he said.

In November 2007, Terrace RCMP announced they were seeking a forfeit
order for the Tallons' house if they were convicted.

In the meantime, the home remains under the supervision of the Seized
Property Management Directive, a division of Public Works and
Government Services Canada.

Seized property can be any asset acquired as the proceeds of crime, or
any object used to commit a crime, according to the federal government

The directorate's role with regards to the foreclosure is ensuring the
bank obtains fair market value, said France Langlois, manager media
relations for public works and government services Canada.

It also reviews the bank's sale price, mortgage value and
administration charges for fairness and accuracy.

The details with regards to the freeze are up to the court to sort out
as it has nothing to do with the realtors, Evans said.
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MAP posted-by: Larry Seguin