Mortgage and Refinancing Services
Comprehensive Legal Solutions for Mortgages and Refinancing
Table of Contents
Comprehensive Mortgage Legal Services Tailored to Your Needs
We assist clients with a range of mortgage-related legal services, including:
- New Mortgages (as part of a home or commercial property purchase)
- Mortgage Refinancing (replacing or renewing an existing mortgage)
- Second Mortgages and Home Equity Loans
- Private Mortgages (acting for borrowers or private lenders)
- Mortgage Discharges (paying off and removing old mortgages from title)
- Mortgage Registration and Title Transfers
Our role is to protect your legal interests, and ensure all mortgage documents are properly prepared, explained, signed, and registered on title.
Process of Mortgage refinancing
- Receive Mortgage Instructions: We receive instructions from the lender regarding the terms and conditions of refinancing.
- Title Search and Review: We check the title for existing mortgages, liens, and other encumbrances.
- Payout and Discharge Preparation: We prepare documents to pay out and discharge any existing mortgage(s).
- Signing Appointment: You sign the new mortgage documents and related paperwork.
- Closing Day: We register the new mortgage on title, receive funds from the new lender, pay off any old mortgages, and transfer the remaining balance to you (or pay it out to a third party as directed by you).
10-mintues of free consultation
Who is an A lender vs. a B Lender?
A lenders are traditional lending sources, including federally regulated banks.
Here are a a few examples of A lenders:
- Bank of Montreal (BMO)
- Royal Bank of Canada (RBC)
- Toronto Dominion Bank (TD)
- Canadian Imperial Bank of Commerce (CIBC)
- Scotia Bank
B lenders cater to borrowers who may not qualify for a mortgage with an A lender and they usually charge a higher interest rate than A lenders.
How Long Does It Take?
We always manage to get the job done by the closing date, even if it has to get done in one week or less.
Pricing
Mortgage
from an A lender-
Receive instruction
-
Register the charge or
-
Discharge an Exhisting one
Mortgage
from a B Lender-
Receive instruction
-
Register the charge ; and
-
Pay the balance to you or a 3rd party
Additional Disbursements (Cost)
We provide full fee and disbursement estimates upfront before you retain us.
Here are a few examples of disbursements:
-Registration of Charge on Teraview ($84.23)
-Writ Search ($13.00)
-Certifying cheques ($10/per cheque)
Frequently Asked Questions
We understand that this process can be confusing and you may have many questions.
Below are some common FAQs that can help guide you.
Ontario law requires mortgage documents to be registered on title, and lenders and borrowers require a lawyer to ensure the mortgage is properly prepared, signed, and registered to protect their security interest.
Typically one lawyer can represent both an A lender and a borrower. However, if you intend to borrow from a private lender, you would each require to retain your own lawyer unless the value of the loan is less than $75,000.00
It depends on how quickly lender’s instructions and client documents are completed.
Title insurance is not mandatory but most lenders require it, and we strongly recommend it to protect against title defects and fraud.
We will review any existing registrations and coordinate discharge or subordination as needed during the refinancing process and as instructed by the lender.
Yes, we offer virtual signing appointments using secure e-signing technology if needed. However, if you would not be in Toronto to sign documents at the time of closing, it may be good idea to prepare a power of attorney to someone that you trust prior to your departure.
Sometimes, yes — but often lenders will require new title insurance coverage specific to the new mortgage. We will review this and advise you.
Yes, we act for borrowers and private lenders in private financing transactions and prepare all necessary documentation
Yes, in most residential and standard mortgage transactions with A lenders in Ontario, one lawyer can act for both the borrower and the lender.
We will always inform you if separate legal representation becomes necessary.
Have more questions?
If you have more questions, don’t hesitate to reach out! Our team is here to provide clear answers and guidance tailored to your situation. Contact us today for personalized support!