British Columbia Mortgages Practice Manual--ONLINE

Navigate each step of a mortgage transaction—from receipt of instructions to closing—with confidence

This publication is essential for: lawyers acting for borrowers, guarantors, and lenders in mortgage transactions

Current to: February 1, 2024

British Columbia Mortgages Practice Manual covers almost every practical issue that can arise from the wealth of rules and regulations that govern mortgage lending in BC. This resource offers you topic-by-topic guidance through the entire mortgage process from receiving lender's instructions and conducting searches to preparing mortgage documents and concluding the mortgage, focusing on the residential mortgage transaction but also discussing special considerations for commercial mortgages.

With an online subscription to British Columbia Mortgages Practice Manual, your firm will be able to:

• conveniently access detailed guidance at any time and from any location, search for relevant information, link directly to significant legislation, case law, and websites, and download precedents
• understand the legal principles underlying the mortgage process
  
• refer to over 80 precedents including search letters, file documentation, opinions, and special mortgage templates 
  
• ensure you don't miss a step with checklists for client verification, mortgage procedure, drafting, and PPSA registration

Subscribe today and master your mortgages practice! View a sample from this book!

Highlights of the 2024 Update include:

• updated procedures throughout—preliminary matters, documentation, closing procedures, discharges
• recent authorities on nature and essence of a mortgage
• updated discussions of fraud—value fraud, identity fraud, funds transfer fraud
• updated info on cost of borrowing disclosure obligations under Bank Act and Financial Consumer Protection Framework Regulations
• anticipated phased implementation of Mortgage Services Act and repeal of Mortgage Brokers Act
• new model forms of real estate opinions from Solicitors' Legal Opinions Committee
• enhanced discussions of special mortgages (second/subsequent mortgage, mortgage of residential lease, mortgage of mortgage)—professional obligations,
  s. 28 notices, consolidations, searches and investigations
• updated search letters and fees
• updated checklists—funds transfer fraud, identity fraud, value fraud, PPSA registration, mortgage drafting, mortgage procedure

Annual subscription rates are based on firm size. A monthly payment option is available.

Online subscribers can purchase a print copy of British Columbia Mortgages Practice Manual for 30% off its regular price.

Discover all of our Real Estate resources here

CLEBC Legal Editor
L. Joy Tataryn
jtataryn@cle.bc.ca

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Chapters

1. The Mortgage

2.  Mortgage Terms

3.  Preliminary Matters in Mortgage Transactions

4.  Searches and Investigations in Mortgage Transactions

5.  Documentation in Mortgage Transcations

6.  Collateral Transactions

7.  Special Mortgages

8.  Closing Procedures

9.  Discharge of a Mortgage

10. Assumptions, Modifications, and Transfers

11. Mortgages and Tax Considerations

Checklists

Forms and Precedents

Tables
Case Table
Statutes and Related Material Table
Index

Editorial Board
James E. Sutcliffe — McMillan LLP, Vancouver
Leslie A. Tucker — Koffman Kalef LLP, Vancouver

Authors
Nicholas Cosulich — Terra Law Corporation, Vancouver
John P. Ferber — Miller Thomson LLP, Vancouver
Sherry Kooner — Lawyers Indemnity Fund/Law Society of British Columbia, Vancouver
Timothy J. Lack — Redpoint Law LLP, Vancouver
Mark V. Lewis — Bennett Jones LLP,  Vancouver
Cherie Mah — Borden Ladner Gervais LLP, Vancouver
Matthew E. Mitchell — Gowling WLG (Canada), Vancouver
Nabila Pirani — Lawson Lundell LLP, Vancouver 
Josh Schmidt — Schmidt & Gilmour Tax Law LLP, Vancouver
Elly Seddon — Borden Ladner Gervais LLP, Vancouver
Kean Silverthorn — Gowling WLG (Canada), Vancouver
Marlon T. Song — Lawyers Indemnity Fund/Law Society of British Columbia, Vancouver
James E. Sutcliffe — McMillan LLP, Vancouver
Justice Tuccaro — Borden Ladner Gervais LLP, Vancouver
Edward J.T. Wang — Borden Ladner Gervais LLP, Vancouver