Lending & Mortgages
- Construction Loans & Mortgages
- Foreclosure & Power of Sale
- Mortgage Investment Corporations
- Mortgage & Loan Enforcement
- Mortgage Syndications
- Private Equity & Venture Capital
Can a lender charge a mortgage pre-payment penalty under Power of Sale proceedings or once the mortgage term has matured, regardless if it is an Open or Closed Mortgage?
Under section 17 of the Mortgages Act, and pursuant to relevant case law the answer is “Yes” the lender can. Subject to the wording in the...
Everyone’s a “Builder”, but what does that mean in terms of HST?
For purposes below referring to a “house” includes a condo as well. Did you know that CRA will consider you a “Builder” if:1) You are an...
Issues in Mortgage Law
Foreclosure: When and Why?It is not uncommon to combine a claim for foreclosure with a claim for the amount due under the covenants contained in the...
Mortgage Enforcement: What Can Go Wrong?
Notice of Sale and RequisitionsIf a purchase is made under power of sale, it is necessary to ensure that the vendor is authorized to conduct the...
Mortgage Enforcement: Issues for Discussion
IntroductionCommon issues expected to arise and confront legal counsels in mortgage enforcement practice, whether from the mortgagor’s perspective or from the lender’s perspective are under discussion...
CONSUMER DEBT: What Collection Agencies Can & Cannot Do
From Mumbai to Manitoba, there are often horror stories in the media of people being (verbally) abused, beaten up, chased down, dragged out and subjected to...
REAL ESTATE: Depending on the age and type of property, the following off title searches may be necessary!
Occupancy permits: For a newly built or renovated dwelling or an extension or addition thereto, it is necessary to find out whether or not the local...
REAL ESTATE: The necessary off title searches when buying a property!
There are other searches besides a title search, that are necessary to assure title and enhance the marketability of a property. The purpose of these searches...
TYPICAL IDENTITY FRAUD SCHEMES AND THEIR RED FLAGS
Identity fraud is inseparable from identity theft because without the second the first can not be perpetrated. Generally, the purpose of it is illegal financial gain,...
TYPICAL MORTGAGE FRAUD SCHEMES AND THEIR RED FLAGS
According to industry estimates, losses from mortgage fraud in Canada range into the hundreds of millions of dollars annually. Some criminal groups are each responsible for...