Royal Bank Forcloses on "Alleged" medical marijuana grow op

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Disabled medical marijuana users Linda, 46 and Larry Tallon, 66 of Terrace BC are in the fight of their lives right now and need our support and help! They face multiple charges stemming from a raid on their home Sept 12 2007. As they still await their "fair" trial the RBC bank has foreclosed on there home and has thrown them out of their house. Is this guilty till proven innocent or innocent till proven guilty?? They need everyone to ban together and help them fight this injustice.

This is a support group for Larry and Linda Tallon of Terrace BC Canada. Show your support, join the group, send it to all your friends, brainstorm ideas, sign the petition & request the media cover the story. Lets get together and do something about this injustice!

PERSONAL PLEA written by Larry Tallon

In 2007 we were served with a search warrant giving the police the right to enter our home, no problem, they knocked and we let them in, they incarcerated us for six hours while they searched our house and allegedly found a grow operation with 150 plants in various stages of growth. We were charged with possession with intent to traffic.

The RCMP also put a restraining order on our home. Consequently the holder of the mortgage, The RBC, called our mortgage because they felt uncomfortable with the situation. We were given 10 days to come up with 130K. They applied to the courts through Bilkey Quinn, a lawyer firm from Kamloops. Our lawyer at the time, said to let the bank have the house as it would be in our best interest to do so. As it turned out his 15k fee turned into 18k and then had clauses for travel from the Kooteneys to Terrace, where we live, as well as a 4k per day charge when he was in court and if any delays we would be charged again for all expenses incurred and a 4k per day court time fee. It seems that the sale of our house was to make sure he got his fees. Unfortunately we went along with it as we were still in shock from the bust, a criminal audit, and the bank foreclosing on our mortgage. Our house was worth 260k to 280k when all this started but by the time the house was put on the market, house prices had plummeted, our house is now worth, according to real estate people, 180k. By the time the bank and their lawyers add all there fees and expenses we may end up owing more than our equity in our home. Consequently we fired our lawyer.

Unfortunately I never checked to see how busy the lawyers are in our area. We could not find one that could look at our case till the late fall of 2009 and the court time for a trial was set for spring of 2010.

I smoke marijuana for medical reasons, and in Jan 2008 I obtained a license from the Federal Government, which allowed me to grow a certain amount of marijuana plants.

A few months after I received my license, while my wife and I were away from home, the RCMP kicked our front door in and found my medical marijuana license on the grow room door along with electrical permits from the government electrical safety service. They said they thought the license was phony and would not leave until they contacted the medical marijuana people in Ottawa. In the meantime they were going through all the rooms of the house, illegally. They never checked the medical marijuana registry and they somehow got a phone in warrant from Burnaby.

The RCMP has agreed to pay for the damage to our front door ($2200) but want us to sign a waiver saying we would not tell anyone about the settlement and would not sue any of the members that attacked our home, we refused to sign.

Having the legal grow op in the basement makes it impossible to get fire insurance for some reason, and no one can get a mortgage without fire insurance, thus real estate cannot sell the home.

I have alternate financing in place but the brokers won't give me the money until the restraining order is lifted off the home and it can't be lifted until after the trial is concluded, which is not until April 2010. That wouldn't be too bad but the Royal Bank wants us to be evicted by Aug 1/09. Our lawyer is going to try to get the order lifted or amended at a hearing on July 13/09. The RBC wants us out in 2 week from that day.

We never missed and were never late for our house payments, RBC would not accept our payments and referred us to their lawyer when I questioned them. Our lawyer has since written a letter to the RBC with a copy to their lawyers stating we would gladly pick up where we left off, it is a long shot but what else can we do

Our lawyers feel the case will be thrown out, as the methods they used to get the first warrant was very suspect and to further show disregard for the legal process they got a second warrant, illegally.

My wife and I as well as our lawyer feel that our constitutional rights are being trampled on by the RCMP and RBC.

The restraining order should never have been applied to us as it is meant to be applied to organized crime and people with criminal records which neither my wife nor I have.

In a recent case in Vancouver, the supreme court ruled that the Property Restraining Order should not be applied to average citizens where they overturned a case where a women busted for 180 plants was made to pay the Income Tax Dept 250k and was placed on 2 years conditional discharge, but the house seizure was overturned as was her fine.

We owe Income tax for 4 years for a total of $2200 for me and $800 for my wife, which they are allowing us to pay in monthly installments.

We cannot find anyone to help us as no one seems to understand the workings of the Property Management and Restraining Order.

Sorry to ramble on but I hope there is some avenue open to us to keep our home.

I am 66 years old and my wife is 46 and we will lose our life savings which is in the home and it is very late in life for us to start over again. We are both crippled with arthritis and both of us now have Medical Marijuana grow licenses, we would hope there would be some rules to protect us.
 
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