Mortgage of Property


The following general information is intended for the mortgage of property which is currently owned by you.  Please contact our office for further instructions after you have read it.

Timing

Processing of the mortgage documents by the Land Titles Office creates delays in document registration from 2 - 4 weeks after filing.  The mortgage will be filed only after you have attended our office and signed the documents.  We are able to prepare the mortgage and supporting documents only after we have received the appropriate "mortgage instructions" from the Lender.

Funding

The mortgage funds will be released upon completion of processing through Land Titles ( typically 2 - 4 weeks after you sign and we file it).  If you have an existing mortgage you will continue to be responsible for payment of the interest under it until funds under the new mortgage are released.  When you attend at our office, we will explain when you will likely stop making payments under the old mortgage and begin payments under the new.

Interim Financing

If you require funds sooner than the 2 - 4 week period referred to above, you can often arrange interim financing of the mortgage proceeds through your Lender.  This amounts in effect, to a personal loan for part or all of the NET mortgage proceeds and results in funds being available immediately.  The disadvantages are that not all Lenders will provide this type of loan, the interest rate on the personal loan will be higher, and there will be an application or set-up fee to pay to the Lender.

If your only concern is to have funds available in time to pay out an existing mortgage on its due date, do not bother with interim financing.  It is not essential that funds be available to pay the existing mortgage out on the due date.  You will simply continue to pay the interest on it until paid, but of course you will not be paying interest under the new mortgage.  At most, you may be losing the difference between the interest rate on the existing mortgage and the new mortgage if the existing rate is higher.

Home Insurance

If you are switching Lenders, or presently have clear title, you will have to contact your insurance agent and arrange to have the policy amended to show loss payable to the new Lender.  Be sure to provide the agent with the full name and address of the Lender and ensure that the limit of coverage is as high as that required by the Lender (often the amount of the mortgage).  Please ask your insurance agent to forward a certified copy of the insurance policy to our office.  This will be required prior to mortgage funds being released.

Surveyor's Certificate

Often referred to as a building location certificate, this document shows the location of buildings and other permanent structures (i.e.: house, garage, swimming pool, deck) on the subject property, including distances between such improvements and the property lot lines.

Please locate this document and bring it into our office when you come in to sign documents.  The Lender will generally require an "up to date" Surveyors Certificate, so if any permanent structures have been added since the Surveyor's Certificate was done you may have to obtain a new one.  This will depend on the amount of the mortgage and the equity in your home.

If you already have a mortgage with the same Lender, the Lender probably has a copy of the Surveyor's Certificate on file, and if we acted for you previously with respect to this property, we probably have a copy on our old file.  Nevertheless, if you have a copy available, please bring it in as it will save the Lender and / or our office from digging through old files to retrieve it.

If no Surveyor's Certificate is available, we can arrange to have one ordered through a qualified land surveyor.  The present cost for most residential homes is $300.00 plus G.S.T..

Zoning Memorandum

Most of our comments regarding the Surveyor's Certificate also apply to the Zoning Memorandum.  The major difference is that if none is available, the cost of obtaining a new one from the City of Winnipeg is only $35.00 plus G.S.T..  We will arrange it on your behalf.

Title Insurance

If your lender requires a current surveyor's building location certificate, but none is available, a policy of title insurance may be purchased instead at a cost savings compared to a survey.  Ask us for more details.

Clear Title

If you presently have "clear title" (i.e.. no existing mortgages) you must bring in the ORIGINAL title when you attend our office.  Photocopies are not sufficient.

Equity Deficiency

If the new mortgage is less than the total amount required to pay out existing mortgages or liens, tax arrears, our fees and disbursements, or any other item which must be paid from the mortgage proceeds, it will be necessary for you to make up the difference prior to the new mortgage funds being released.  We will carry out the necessary calculations and advise you of the deficiency at the time that Land Titles processing is complete and we are in a position to requisition the mortgage funds.

Mortgage Interest Rate Commitment

Most Lenders guarantee the interest rate for only a certain period of time (i.e. 60 days).  The funds under the new mortgage must be released within that time period to guarantee the rate.  However, the delays in Land Titles registrations may sometimes be such that the mortgage registration is not complete prior to the expiry of the guaranteed time period.  When this occurs but rates have not increased, an extension of time can usually be obtained.  However, if rates have increased, certain steps can sometimes be taken to get the mortgage at the lower rate.  One such procedure is called "drawing funds in trust".

Signing

The registered title holders of the property will have to attend at our office to sign the mortgage documents.  Co-signers or "covenantors" if any, will also have to sign.  If you are married but title is in only one name, and you are or have both resided on the property, the non-owning spouse will have to come in to sign a Homesteads Act consent..

Final Report

Upon completion of  all registrations and payment of funds required, we will provide a detailed final report to you.  This will include an accounting of all monies paid and received together with supporting documents.  You should expect to received this final report 1 - 2 months after you sign documents.

Your Next Step

Thank you for reading the foregoing.  At this time we would ask that you telephone our office to provide us with information we require and to receive further instructions.

 
From the desk of Timothy A. Martin, Barrister and Solicitor


Back to Home