7 - Wednesday, May 29, 1985 - North Shore News Should debts be repaid? Dear Editor: Noel Wright, in His Focus (Wednesday, May 8) does not agree that a borrower should be responsible for repayment of his debts. By granting a mortgage a bor- rower promises to repay borrowed money and charges his property as secu- rity for repayment. Unless released by the lender, the borrower should repay the debts no matter to whom the property is sold. The Prop- erty Law Act provides mere- ly that the buyer of the Property promises to the seller that he will pay the Not Te high Dear Editor: I noticed in the Wednes- day, May 15 North Shore News an error that has been repeated for over 85 years. In the articie ‘High speed waiters’ on page 9, the height of the Capilano suspension bridge is given as 230 feet - the same figure given in the tourist brochure. It is interesting that no one ever checked this out. A, few years ago while measuring some tall (200 foot) Douglas fir trees in the canyon, it became quite ob- vious that the bridge was considerably lower than it was promoted as. 1 then satisfied my curiosity by measuring the bridge with my clinometer and tape - 160 feet above low water at the midpoint. So there it is once and for all, the honest information that tourists would like to know! Could it be that the bridge is sagging lower every year - and that it has drop- ped 70 feet since 1899? Perhaps the river is slowly filling up the canyon! Unintentional as it may be, this error should be cor- rected simply because our canyons don’t need to be exaggerated to be spec- tacular. The North Shore simply is spectacular! Randy Stoltmann West Vancouver P.S. The Lynn Canyon suspension bridge is 165 high at midpoint - determined by lowering a measuring twine from the bridge. It was once claimed to be 275 feet high! WHEELCHAIR EXPERTS. Wheelchairs 842 West 15th Street North Vancouver, B.C. Phone: 988-5566 (24 hrs) mortgage debt. Seldom is the original borrower required to “co-sign with the buyer’? fo guarantee payments by the buyer but if this is done to persuade the lender not to call for repayment of the debt, surely the borrower should not be entitled to avoid his guarantec. If asked for a release of covenant (promise to pay) at the time. of sale, many lenders will release the bor- rower if the buyer is accept- able to the lender but very few borrowers bother to ask for such a release. If, in the opinion of the Court, the ‘‘refinance’’ spoken of amounts to a totally new deal (novation), the original borrower is teleased from his promise but the Court must find that the lender has relied on the buyer and not on the bor- rower. If the Stastnys were not advised by their ceal estate agent or their lawyer of their continuing cbliga- tion, they might consider taking action for negligence but if they did not seek legal advice, they made a mistake and should not blame the lender for wanting repay- ment, or for a decrease in the property’s value. In the foreclosure, the Stastnys are entitled to ask for an Order for Sale of the property and on sale, the sale price will be applied against the debt and only the balance will then be payable by them. They are in all probability entitled to claim from the purchaser pursuant to the Property Law Act, If tenders are prohibited from getting judgment against borrowers who have sold) mortgaged property, lenders may very well require that mortgages be repaid on sale, which will result in substantially increased costs of buying property. If you, Mr. Wright, had been Jender, I don't think you would label the law “immoral and assinine’’, John W. Seddon West Vancouver, B.C. Ona Clear Day One or Two Storey ~ Homes & Oftices 984-6924 | 2011, LONSDALE AVE.; THIS WEEK’S California New White Potatoes 44 kg. Texas Honeydew Ib. Melons $1.30 kg. New Zealand Granny Smith Apples $1.30 ka. NORTH VAN. STORE ONLY Prices in effect M ay 26 - June i 4H The Ultimate Weight Training (Nautilus Exercise Equip- draperies by S. Laursen “IN HOME SERVICE” Custom draperics & bedspreads Labor— $5.50 pr. panel unlined, $6.50 lined All blinds 30% off list prices Track service & alterations Phone for FREE cstimates Call 987-2966 @WEIGHTS @WORKOUTS @FUN ment & Free Weights) & Ron Zalko Aerobic Workouts (NEW!: Ron Zalko Challenge, Beginners, Jelly Bellies & Jelly-Buns Classes). PLUS: @ A unique personally supervised exercise 2109- rams tor Men & Women @ Sun Tanning @ Ron Zalko Active Wear Boutique. \ It’s A Limited Time Offer! KITSILANO = N. VANCOUVER 730 MARINE DRIVE 2660 W Jin AVE. & TRAFALGAR 18 Classes daily - 6:30 am - 10:00 pm