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Real Estate

Lenders accepting wire payments to discharge mortgages.

The practice of delivering certified cheques or bank drafts to lenders to pay off mortgages has been made more difficult with the restrictions implemented during the COVID-19 pandemic. The real estate bar has been asking financial institutions to permit them to pay off client’s mortgages using wire payments in residential purchase and sale transactions. It… Read More »

Categories: Real Estate, Technology

Is any title insurance policy a good policy?

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Lawyers have a duty to ensure that their purchaser clients receive good and marketable title to the properties they have contracted to buy. In particular, there is an expectation that any prior mortgages will be discharged and removed from title. Imagine the scenario where your search of title discloses an old mortgage that has never… Read More »

Categories: Real Estate, The TitlePLUS Program & Title Insurance

Navigating the Planning Act amid COVID-19 Emergency Orders

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The Planning Act is a particularly complex piece of legislation, and navigating it has become more difficult given the introduction of COVID-19 related emergency orders, which have impacted Planning Act matters. For lawyers with clients undertaking activities, which fall under the umbrella of the Planning Act, it is essential to check the legislation and government… Read More »

Categories: Real Estate

“Zombie” transfers can come back to haunt you

[Updated July 29, 2020] The bottom line: A dead person cannot convey an interest in land A “zombie” deed/transfer refers to a land transfer registered after the death of the transferor as if the transferor is still alive. There has been much debate around the use of “zombie” deeds. The recent decision in Thompson v…. Read More »

Categories: Real Estate

Director of Titles Responds to Inquiries

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We have been advised that the Director of Titles has issued several clarifications regarding procedural matters (fast tracking splits; expropriation best practices; registered mail for LTA apps; original signatures of paper documents) which might be of interest to lawyers dealing with development of land. In short, the rules have not been changed notwithstanding the present… Read More »

Categories: Real Estate

Remote communication and fraud risks in real estate

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In the context of COVID-19, lawyers are often unable to meet in person with their clients. The Law Society of Ontario has temporarily authorized remote verification of client identity and permitted remote commissioning of documents. This information can be found in this FAQ. Remote meetings and remote signing introduce additional fraud risks. Lawyers need to… Read More »

Categories: Real Estate, Fraud Prevention

Fraud for Shelter Update

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With housing prices on the rise, more rigorous mortgage rules, and the resulting difficulty for some Ontarians to purchase property, real estate lawyers should be mindful of fraud for shelter. Fraud for shelter differs from traditional real estate frauds. Usually in a real estate fraud, the goal is to fraudulently sell the property or to… Read More »

Categories: Real Estate, Fraud Prevention

E-Reg Fee Increases Effective November 4, 2019

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This is a reminder that registration fees in the land registration systems increase each November. Bulletin 2019-02 confirms the new registration fees as of November 4, 2019.  As an example, the new cost to register an instrument will be $77.31. Please adjust your practices accordingly.

Categories: Real Estate
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