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pockymeimei (pockymeimei)
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• On day 1 she sells her residence, the Joyce Property, to her friend Ms. A. The purchase price is paid by issuing a Promissory Note;
• On day 2 she takes a bank loan to discharge the mortgage on the Ewart Property (the first loan). While the loan might only be a daylight-bookkeeping entry, there is adequate security for it given that a collateral charge will be immediately available on the Ewart Property upon the payout of the former charge against it;
• Also on day 2, she buys back the Joyce Property (her new rental property), and finances this acquisition by borrowing money from the bank, which loan is secured by a mortgage on the re-acquired property (the second loan);
• The proceeds of the latter mortgage are paid to her friend Ms. A as consideration for this buy-back and Ms. A uses the proceeds to pay off the Promissory Note she issued on the purchase of the property the day before;
• The proceeds from the Promissory Note are used by the Appellant to pay off the first bank loan;
• The only remaining loan is the second loan taken to acquire a rental property;
• Everything is done at fair market value without tax consequence, and actual transfers of land need never be registered.