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14 May

Steps in a Power of Sale

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

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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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27 Feb

Anti-Money Laundering (AML) - What does it mean and why is it important?

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

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

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20 Feb

More or Less Mortgage Terms?

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

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

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13 Feb

Criminal Rate of Interest

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

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

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20 Dec

Choosing the Right Mortgage Enforcement Remedy in Ontario

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

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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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18 Oct

How is your Environmental Indemnity?

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

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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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4 Oct

Enforcement Against Guarantors – But the Loan Terms Have Changed!

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

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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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2 Aug

Commercial Lending Where There is a Limited Partnership

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

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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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31 May

What is an Enforceability Opinion and do I need one?

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

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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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26 Apr

I’m a Lender! How do I get my 3-month Interest Penalty on a Borrower Default?

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

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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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15 Mar

PPSA Registrations for a GSA vs for a Guarantee

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

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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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9 Feb

Everest Finance Corporation v. Jonker, 2023 ONCA 87

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

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

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26 Jan

Lending Against a Partial Beneficial Interest?

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

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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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14 Dec

How Do I Get All My Lender Fees?

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

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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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8 Nov

Is Your Demand Loan Demandable?

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

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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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13 Oct

Mortgage Assumptions and VTBs in a Rising Interest Rate Market

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

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

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13 Sep

How Do I Lend to LPs & REITs?

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

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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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23 Aug

1-Minute Read for Commercial Mortgage Lenders: Beneficial Ownership vs. Registered

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

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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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