Thursday, April 24, 2025Zev ZlotnickBusiness Law, Corporate Law, Real EstateCommercial Mortgage, Mortgage, Title Insurance

Commercial mortgage lenders often prefer a lender's title insurance policy over a solicitor's title opinion for several key reasons...

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Tuesday, March 4, 2025Zev ZlotnickBusiness Law, Real Estate, Corporate LawCommercial Mortgage, Compliance, Lending, Ontario

In Ontario, the concept of super priority liens refers to certain types of liens that take precedence over other claims on a property, even rights arising from a...

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Wednesday, January 8, 2025Zev ZlotnickReal Estate, Corporation, Business LawConstruction Liens, Liens

For commercial real estate lenders, advancing loan funds safely requires ensuring that no active construction liens can impact the property...

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Wednesday, November 13, 2024Zev ZlotnickBusiness Law, Corporate LawCommercial Real Estate, Lending, Construction Liens

In Ontario, commercial real estate lenders need to be cautious of their involvement in borrower construction lien matters, especially when it comes to being named as co-defendants...

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Tuesday, October 22, 2024Zev ZlotnickCorporate Law, Business LawReal Estate, Construction Liens, Lending

Commercial real estate lenders operating in Ontario must be vigilant about construction liens due to the significant legal and financial implications these
liens can impose...

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Wednesday, September 18, 2024Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending

In the context of commercial lending, the priority of claims is a critical aspect of risk management. A common concern for commercial mortgage lenders is how a borrower’s unsecured debt, such as debt arising from promissory notes, can impact the lender’s security interest in the mortgaged property...

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Thursday, August 29, 2024Zev ZlotnickBusiness Law, Corporate LawReal Estate

Commercial real estate mortgage lenders in Ontario require a comprehensive security package to safeguard their investment...

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Tuesday, August 6, 2024Zev ZlotnickBusiness Law, Corporate LawReal Estate, Non-Disturbance Agreement, Lease Agreement, Mortgage, Landlord and Tenant

Attornment grants authority or jurisdiction to a party even if no legal right exists. It is a legal device that is comparable to an assignment. Attornment may...

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Tuesday, May 14, 2024Zev ZlotnickBusiness Law, Corporate LawMortgage, Power of Sale, Ontario Mortgages Act, Bankruptcy and Insolvency Act

As a commercial mortgage lender you generally prefer the avoidance of enforcement. However, one must hope for the best and plan for the worst...

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Tuesday, February 27, 2024Zev ZlotnickCorporate Law, Business LawReal Estate, Money Laundering, Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Money laundering is the concealment of the origins of illegally obtained money and disguising them as financial assets, such...

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Tuesday, February 20, 2024Zev ZlotnickBusiness Law, Corporate Law, Real EstateMortgage, Commercial Mortgage

Dye & Durham Standard Charge Terms 200033 are the standard charge terms that are included in...

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Tuesday, February 13, 2024Zev ZlotnickCorporate Law, Business Law, Real EstateInterest, Interest Rates

Pursuant to Section 347 of the Criminal Code a criminal rate of interest is defined as an effective annual rate...

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Wednesday, December 20, 2023Zev ZlotnickBusiness Law, Corporate LawMortgage, Ontario Mortgages Act, Power of Sale

In the realm of mortgage enforcement, lenders who are faced with a borrower’s default have an array of remedies at their...

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Wednesday, October 18, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Environmental Protection Act, Ontario

In Ontario, commercial mortgage lenders can be held liable for environmental issues under certain circumstances, especially if they have taken possession of the property or are deemed to be...

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Wednesday, October 4, 2023Zev ZlotnickBusiness Law, Corporate LawLoans, Commercial Loan

A guarantor takes on liability for the obligations of the borrower or debtor under a commercial loan. A lender can require a secured guarantee or an unsecured guarantee. If the guarantee is...

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Wednesday, August 2, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Limited Partnership

A limited partnership is a business structure comprised of at least one general partner and one limited partner. General partners are...

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Wednesday, May 31, 2023Zev ZlotnickCorporate Law, Business LawReal Estate

An enforceability opinion is an opinion that the transaction documents constituting legal, valid, and binding obligations of the underlying entities, enforceable against them in...

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Wednesday, April 26, 2023Zev ZlotnickBusiness LawReal Estate, Ontario Mortgages Act, Mortgage, Lending

Under Section 17 of the Mortgages Act, R.S.O. 1990, despite any pre-existing mortgage agreement, where a borrower is in default for... 

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Wednesday, March 15, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending, Loans

Is there a difference between perfecting a general security agreement through a PPSA registration and registering a PPSA in respect of a loan...

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Thursday, February 9, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate

An interesting recent Court of Appeal decision - Everest Finance Corporation v. Jonker...

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Thursday, January 26, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending

A beneficial interest is an individual’s right to benefit from assets held by someone else. With respect to real property, it is imperative for a...

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Wednesday, December 14, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending

In Canada, lenders who take mortgages on real property as security should be mindful of section 8 of the Interest Act (the “Act”) and the...

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Tuesday, November 8, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Loans

A demand loan is a loan that a lender can require to be repaid by the borrower in full at any time. A demand loan has no term, but is simply repayable...

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Thursday, October 13, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage

In light of substantial increases in interest rates, real property purchasers are looking for alternative lending arrangements. Some alternatives include...

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Tuesday, September 13, 2022Zev ZlotnickBusiness Law, Corporate LawLending, Commercial Real Estate

Loan transactions commonly involve non-corporate entities such as limited partnerships and Real Estate Investment Trusts (“REITs”). It is important for lenders to...

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Tuesday, August 23, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage, Lending

Ownership of real property in Ontario is divided into legal or registered title ownership and beneficial ownership. Legal ownership and beneficial ownership... 

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