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Blog
Receiver appointed over property notwithstanding allegations of fraudulent mortgage (Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan)
Monday, August 19, 2024James R.G. CookLitigationReal Estate, Mortgage, GTA Real Estate, Land Title Act
In Hillmount Capital Mortgage Holdings Inc. v. Onsori-Saisan, 2024 ONSC 4481 (CanLII), the applicant lender sought to appoint a receiver over a property in King City,
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Attornment and Non-Disturbance Agreements
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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Lender’s failure to provide mortgage discharge results in damages for borrower’s inability to complete secondary transaction (De Rita v. 1266078 Ontario Inc.)
Monday, July 15, 2024James R.G. CookLitigationReal Estate, Mortgage, Damages
The failure to provide a mortgage discharge on a timely basis may expose a lender to damages arising from a borrower’s inability to access...
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Mortgage enforcement claim dismissed as statute-barred (Albrecht v. 1300880 Ontario Inc.)
Thursday, June 13, 2024James R.G. CookLitigationMortgage, Loans, Real Property Limitations Act
If payments have not been made by a borrower under a mortgage loan for more than ten years, a lender may lose the right to enforce the mortgage against the secured property...
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Steps in a Power of Sale
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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Borrower’s lawyer not liable for payment of mortgage broker’s fee (First Canadian Mortgage Corporation v. Djukic)
Friday, March 15, 2024James R.G. CookLitigationReal Estate, Mortgage, Rules of Professional Conduct, Mortgage Brokerages
Parties in a transaction gone wrong may sometimes blame the other side’s lawyer for the results. However, it is...
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Court critical of mortgage lender and Director of Titles for failing to consent to removal of fraudulent mortgage instrument from title (Sun v. Ryan Mortgage Income Fund Inc.)
Thursday, February 29, 2024James R.G. CookLitigationGTA Real Estate, Title Insurance, Mortgage, Rules of Civil Procedure, Land Title Act
In a decision which removed a fraudulent mortgage instrument from title to the applicants’ property, the Ontario Superior Court of Justice was...
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More or Less Mortgage Terms?
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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Choosing the Right Mortgage Enforcement Remedy in Ontario
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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Equitable mortgage principles affirmed by Ontario Court of Appeal (Greenspan v. Van Clieaf)
Tuesday, October 24, 2023James R.G. CookLitigationReal Estate, Lending, Mortgage, Loans
In Greenspan v. Van Clieaf, 2023 ONCA 681 (CanLII), the Ontario Court of Appeal affirmed that a lender may be entitled to...
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No collusion or bad faith by private mortgagee and co-owner (1000249084 Ontario Inc. v. Andazesgishahr)
Tuesday, October 10, 2023James R.G. CookLitigationMortgage, Real Estate, GTA Real Estate, Partition Act
When a property is purchased by co-owners for development and sale, they may set out their respective obligations in a...
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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
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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Lender can't evict bona fide tenants from property notwithstanding mortgagor's fraud
Monday, December 19, 2022James R.G. CookLitigationResidential Tenancy, Mortgage Fraud, Real Estate, Ontario Mortgages Act, Bankruptcy and Insolvency Act, Mortgage
Courts must occasionally balance property interests between innocent parties who have been victimized by the dishonest or fraudulent conduct of another person. This may involve a conflict between...
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Mortgage Assumptions and VTBs in a Rising Interest Rate Market
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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1-Minute Read for Commercial Mortgage Lenders: Beneficial Ownership vs. Registered
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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