cma DENISE M. HENDRIX

DENISE M. HENDRIX

Senior Partner, Hendrix Law

 

I was born in Calgary, Alberta

I graduated from St. Francis High School in 1984 and received my Bachelor of Education Degree at the University of Calgary in 1988.

I received my Bachelor of LawsDegree at the University of Calgary in 1991 and was admitted to the Law Society of Alberta in 1992.

I completed my articles with the law firm of Davidson & Williamsin Lethbridge, Alberta and joined the firmasan associate lawyer thereafter. I articled under the Honourable Justice R. Jerke. In 1993, I returned to Calgary and joined the firm of Fleming Kambeitz where I practised until 1996. I joined the firmof Vickers& Associates as an associate in 1996. I became a partner of the firm in 2009 and as a result the firm name changed to Vickers Hendrix LLP in 2009. The firm became Hendrix Law in 2014.

Over the years, I have established variousscholarshipsfor the development of junior high and high school students to honour life balance, athletic and academic achievement in Calgary, Alberta.

I amthe past chair of the South AlbertaCanadian Bar Association Foreclosure Subsection and I have been a member of the Executive of the Subsection for the past 20 years. There are few other members of the subsection that has participated more directly and actively with the Foreclosure Subsection and Executive than I have over the past 20 years.

I am Admitted to and am in Good Standing with the following Law Societies:

  • Alberta - July 24, 1991

  • Northwest Territories - January 16, 2012

  • Nunavut - November 2, 2012

  • Yukon - May 14, 2019

Contribution to the Court:

I have always tried to lead in seeking improvements in the legal system and the practise of foreclosure law, I am and have been active in the development of the foreclosure practise in Alberta and have worked with the Alberta Bar and closely with the Masters in Chambers on the development of precedents, fee guidelines, practise and proceduresfor foreclosure lawyers over the past 20 years. I have actively contributed, on a solution based orientation, with our formal Foreclosure Subsection meetings with the South Alberta Masters in Chambers.

Recently, and after 20 years, we achieved a huge leap towards consistency and efficiency with the court clerksin having an approved fee and disbursement tariff in place. Thisstarted with a meeting with myself, Master Waller, Master Alberstat,Joe Morin, Angie Renkel and a few other foreclosure lawyers back in 1998. Together with Cass Lintott, in the past few years, we have spent hundreds of hoursworkingtogether with theMastersin Chambersto establish fair, equitable and best practises with respect to fee consistency and expectations on taxed foreclosure filesresulting in a sustainable indexed guideline that was produced in 2017. This hasserved the public interest as well, in having a concrete expectation of reasonable fees that should be incurred in a foreclosure setting.

I have worked directly with Master Prowse on establishing the foreclosure precedent formsthat are now available on the Queen’s Bench website and have engaged with the all of the Masters directly on continuing to improve and adjust those precedent forms as the ever changing landscaping of lending and real estate continues to evolve.

I have been privileged to attend before the court to make submissions and references on relevant areas of law for the foreclosure CBA subsection. Any time that there has been an issue to be resolved by way of Court application, I have alwaysvolunteered to make the application for the court reference or judgment that assists the practise.

I am Admitted to and am in Good Standing with the following Law Societies:

Contribution to the Legal Profession:

I pride myself on beinga mentor and a teacher within the industry. I am registered as a Mentor with the Law Society of Alberta in the areas of Foreclosure Law and Real Estate. I assist lawyers on a weekly basiswithquestionsthey mayhave in relation to foreclosure practises and procedures. I have always been available to provide guidance on processes to follow and precedents to use to fellow members of the bar. I have always been quick to lend a hand, or a precedent or advice and direction on practise and procedures to members of the bard. I have assisted junior lawyers at fellow firms on a regular basis when their senior members are away from the office or on holidays and take pride in making myself available for this service.

I have helped numerous lending organizations develop mortgage terms, forms, requirements and standard mortgage terms. I have prepared standard mortgage terms and standard mortgage form which are currently being used across Alberta for such lenders as CIBC, Home Trust, Bridgewater Bank, Resmor Bank, Haventree Bank, Home Bank, Capital Direct Lending Corp., Aaron Acceptance, Alpine Credits, Alta West Mortgage Capital Corp., hundreds of private lenders and Mortgage Investment Corporations.

We have also assisted our clients in development of practise requirementsfor underwriting, review of funding requests and instructing default processes. We have prepared and provided foreclosure step summaries to new lenders and institutions as well as checklists on fundings and mortgage enforcement. I regularly provide all of our clients with email updates on mortgage lending and enforcement practises. I have reviewed and provided input to all of our clients on the updatesto the practise, including but not limited to:

  1. mortgage renewals and changes to the Fair Trading Act (now the Consumer Protection Act) and reviewed their renewal forms and procedures to ensure compliance with the legislation;

  2. collateral mortgages and re-advanceable mortgages in consideration of Section 104 of the Land Titles Act;

  3. the decision of the Supreme Court of Canada on implied consent so as not to violate privacy laws;

  4. condominium corporations priorities to registered mortgages based upon their bylaws;

  5. enforceability of Notices of Security Interests in priority to or for payout from Mortgagees;

  6. updated on appropriate deletions to ongoing real estate listing agreements and real estate purchase contracts for in foreclosure and post foreclosure sales;

  7. mistaken discharges of mortgages and remedies resulting from that circumstance;

  8. failure of lawyers and title insurersto register mortgages on parking stalls and other encumbrances;

  9. release of the personal covenant and the effects of Bankruptcy;

  10. the ability to collect for damages to a property on possession;

  11. the impact of the Limitations Act on mortgage enforcement and how that applies when you are a mortgagee and another mortgagee on title is foreclosing, and;

  12. the impact of residency on “in foreclosure” third party sales.

Hendrix Law has also built their own internal copy written and trade marked foreclosure administration program that our clients can log into and see at a moment the status of any one of their files, the parties to the action, any interested parties, the documents associated with that file, all communications, whatsteps have been taken on the file and when the nextsteps are to take place. This program also assists us in using a team approach to the handling of foreclosures so that any paralegal can work on a file and be familiar with that because they are all coded and organized in the same fashion. This program assists me in firm management asI can assign tasks to my staff, or re- assign tasks when staff are away, at a click of a button. This programcreates our merge field codes for our document production which ensures that all our information is accurate and consistent throughout the file. With any phone call or email, I can have the complete file information available instantly to me. The program ensures that every step is taken when due and that next steps are assigned concurrently so the matter continues to proceed effectively and efficiently. Our files can be cloned for repeat defendants which also streamlines our process. The program and our systems meet all of the National Banks extensive security requirements.

We have worked extensively on the FCT Collectlink Default Solutions platform, the National Recovery System and the Prospect platform which are all online programs which assist lenders in the monitoring of foreclosure actions and communication on foreclosure files.

Recently, we have been accepted by the Alberta LawyersIndemnity Association to provide defence counsel and repair work.

Contribution to the Administration of Justice:

A Foreclosure practise can be difficult. You are removing people from their homes. While our process is efficient we always discharge our duties to our clients fairly and honourably. We are respectful and courtesy to all borrowers, no matter their circumstances. I have always maintained my dignity, decorum and courtesy to all other counsel and self represented litigants in and outside the courtroom. I am consistent in sharing all information obtained from self represented litigants with the court, so that the court can make informed decisions, even when the defendants do not appears in Chambers.

It israre that foreclosure defendants have legal counsel. I ensure that I advise any self represented defendantsthat I amactingfor a party adverse in interest to them, and therefore can not provide them with legal advice. However, I always ensure that the foreclosure processis explained to them, and recommend that they either obtainindependentlegaladvice, or contacttheLawyer ReferralProgram for the opportunity to speak to counsel regarding the foreclosure process and procedures.

As everyone does, our office does provide free legalservices, to clients on a regular basis. This is usually 2 or 3 times a month, since I have joined the firm and become a partner at the firm. Sometimes it is a lot more. These usually relate to Wills and Estate matters, Real Estate matters, monitoring prior or subsequent foreclosure files for Lenders, landlord/tenant disputes and general litigation files. These pro-bono services have ranged in fees waived of from $1,000.00 - $50,000.00 per file.

We also regularly consider reductions or waivers of our legal fees on foreclosure mattersif it would accomplish a borrower being able to redeem a mortgage or where the borrowers circumstances are particularly heartbreakingin terms of illness or deathsin the family. While I do thisregularly, I also give each of my staff the opportunity to choose files where we make special concessions on our legal fees or outside payment arrangement of our legal fees(with the consent of our clients always) with the borrowers as a consideration of their personal circumstances.

With the inclusion of the Amicus program at the Court House, on those rare occasions where defendants appear on foreclosure matters, we ensure our applications are stood down to provide the defendant(s) with the opportunities to speak to Amicus counsel before our matters are heard.

I provide free advice daily to our various clients on mortgage fundings and foreclosuresto help them with their practices and procedures. I give them step by step solutions on inquiriesthey don’t know what to deal with, or unusualfilesthey want direction on, or even request for fundsthat they feel are suspicious. I review outstanding charges on titles for priority issues and recommendations. We have formulated standard mortgage terms, standard mortgage forms and supporting mortgage documents for our clients and consistently work with them to update those documents as practise and procedures change. My motto in that regard has always been that the more we all know, the better we all do!

As I have a Bachelor of Education as my first degree, my most effective way of giving back to the community and my greatest passion relatesto beingable to provide Educationalservicesto members of the bar and to the public.

My Contributionsto theCommunity by teaching, lecturing, providing presentationsorwritten articles/materials have been with:

  • Mount Royal University - portions of the Alberta Mortgage Brokerage Course for over 10 years.

  • St. Vincent D’Paul Junior High - career days

  • Alberta Mortgage Brokers Association yearly, for over 20 years at various conferences and education day seminars.

  • AMBA matters publications.

  • Calgary Herald article on Foreclosures

  • Calgary Real Estate Counsel jointly with Alberta Mortgage Brokers Association - panel on real estate transactions 2018

  • Alberta Real Estate Association webinar on foreclosures 2017

  • Twice yearly, taught the CPLED Course for approximately 10 years teaching about real estate when it was part of the Bar Admission course and then on career days about a real estate practise.

  • Legal Education Society of Alberta

    • Taught and Chaired “Civil Enforcement Fundamentals” - 2019

    • Taught and Chaired “Foreclosure Fundamentals” - 2017

    • Faculty, Presented with Jim Reich - “Foreclosures” at the 45th Annual Refresher Court on Real Estate - 2012

    • Taught and Chaired “Introduction to Foreclosures for Paralegals” - 2009

  • University of Calgary, Faculty of Law - moot court judge

  • Canadian Bar Association - numerous Foreclosure luncheons

  • Alberta Foreclosure Stoppers - various blogs on foreclosure process.

  • Appraisal Institute of Canada - Calgary Chapter

  • Mortgage Alliance, Mortgage Professionals and Invis.

  • CIBC Bank, Home Trust, Equitable Bank, National Bank, Alta West Capital Corporation, Calvert Home Mortgages, various mortgage brokerages and real estate agencies in Calgary

Some ofthe many waysI have encouraged public respect for the legal community and public confidence in my abilities is through my affiliations with:

  • The Appraisal Institute of Canada

  • The Alberta Mortgage Brokers Association

    • won the 2017 Partner Award and

    • a member of the Board of Directors for 2019 and 2020

  • Mortgage Professionals Canada

  • First Canadian Title Insurance - member of their Legal Advisory Counsel in Alberta

  • Alta West Mortgage Corporation - member of their Legal Advisory Counsel in Alberta

  • Kirpal Dhinsa Scholarship Committee, Calgary

  • Canadian Bar Association

    • Member of the Foreclosure Subsection Executive approximately 20 years

    • Previous repeated Chair and Co-Chair of the Foreclosure Subsection

  • Calgary Bar Association

  • Divorce Angels

  • Stnce

  • Allignable - Small Business Network

  • Calgary Chamber of Commerce

  • Ocato.ca

  • Member of the Calgary Winter Club

  • Member of the Silver Springs Golf Club

  • Mortgage Lenders Association of Alberta

  • Private Mortgage Lenders Forum Alberta

  • Lunch and Learns with Real Estate agencies, Mortgage Brokerages and banks.

  • Power point presentations on foreclosure and real estate updates to private lenders, mortgage investment corporations, trust companies and National Banks. I usually try to do this twice a year with all of my clients.

I have also actively Sponsored the following Charities or Other Events:

  • Calgary Catholic Education Foundation

  • Canadian Red Cross

  • The Heart & Stroke Foundation

  • CIBC Run for the Cure

  • CIBC Golf for Breast Cancer

  • Tom Tremouth Charity Golf Tournament

  • Mortgage Alliance Charity Golf Tournament

  • Mortgage Alliance Charity Rally of Hope

  • MCAP Shinerama event in support of Cystic Fibrosis

  • Previous volunteer with Law Day events - Calgary

  • Partnered with Mortgagetree to create a yearly coloring contest for Autism Awareness which started in 2017 and reached over 500,000 people in 2019 and had approximately 5000 entries. In 2019 I gave out over 200 prizes with a total value of approximately $8,000.00.

  • Developed the John Hendrix Scholarship Award at St. Francis High School since 2004 which gives approximately $9,000.00 a year to 3 scholarship recipients who have evidenced success academically and in some form of extra curricular activity all while carrying on a job.

  • The Sky ismy Limit program- having paid for 2 wellsto African villagesso they can have fresh water (and working on our 3rd)

  • The Sisters of Precious Blood, Calgary

  • The Knights of Columbus

  • Various local community Hockey Teams

  • up to 2017, the Canadian National Broomball team

  • Social Impact Entrepreneurs - “Find your Why” workshops.

  • MLAA Charity Golf Tournament

  • JNF Negev Tribute Gala dinner

  • YWCA - Ywhisper Gala

  • Calgary Italian Sportswoman’s Dinner

  • Invis Angels in the Night

  • Women of Vision Luncheons

  • Sunlife Ride to Defeat Diabetes

  • Calgary Catholic School District - raised over $100,000.00 directly for kitchens to be built in 10 schools for breakfast and lunch programs and supported the build of the kitchen directly at St. Rita’s Elementary School.

  • Art of Leadership conferences.

  • Ongoing education and professional development of my associates and staff.

Special thanks to our sponsors

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