THINGS TO CONSIDER:
WHEN PURCHASING YOUR HOME:
Now that you have found the perfect home, the inspection went great, and your mortgage Specialist has approved your financing, all that remains is to hire the services of a lawyer to ensure that the title transfer goes smoothly. This guide will help you obtain some insight into the services we, as your lawyer can provide.
Once you have decided to use our firm to assist you, then you have to inform your Mortgage Specialist and your Realtor of your desire.
Your Mortgage specialist will ensure that the Lawyer receives the instructions and documents from the Bank so that the Mortgage documents can be prepared. Your Realtor will send the purchase contract to the Lawyer to ensure that the transaction proceeds as laid out in the Contract.
Your Lawyer will then prepare the Mortgage and all other required documentation. Your lawyer will communicate with the lawyer representing the Seller’s to ensure that the documents are all correct and the transaction will close as scheduled.
Meeting your Lawyer
Usually a week or two (depending on when instructions were received by your lawyer) before your possession date you will meet with your lawyer to sign all documents needed to close the transaction, including the registration of title and the new mortgage (if any). Your lawyer will explain and advice you on the documents being signed.
Sometimes you may be required to bring monies, called “Shortfall”, (usually by way of a Draft or Certified Cheque) to the meeting with your lawyer. The Shortfall is the balance of money required to close the transaction which is not covered by the Mortgage given by the bank. This amount will include the balance of your deposit and the estimated legal account. It could also include any adjustments, such as property taxes and condominium fees.
Once the documents are signed, they are delivered to the Land Titles Office where they will be registered so that you will become the new owner on the Land title. Your mortgage is also registered on title simultaneously.
The Possession Date:
On the morning of the possession date, you lawyer should receive the Mortgage funds from the bank. The Purchaser’s lawyer will then forward the “Cash to Close: to the Seller’s lawyer. Once the seller’s lawyer receives the Cash to Close, they will contact the Seller’s realtor’s office who will make arrangements with your realtor to release the keys to your new home.
IF YOU SELLING YOUR HOME:
The process starts once the buyers have removed the conditions, the sale agreement is final You need the services of a lawyer now to handle the land transfer and the payment of the sale price and payment of your mortgages etc.
Follow the guide below:
Inform your realtor of your desire to use our firm. This will enable your realtor to provide us with the Contract and all pertinent information.
Once we receive the Contract, we will be contacting you to execute the Transfer documents; We will also be requesting the following information from you:
- Your Mortgage or your Line of Credit number so that we can get the Pay out information;
- If this is a Condominium, then the name and contact information for your Condominium Management Company, so that we can acquire the requisite Condominium documents;
- For Dower purposes, then your marital status (if there is only one person on the title);
- The Real Property Report (Surveyor Report) and evidenc of Compliance, if you have agreed to provide this to the buyers.
Once you execute the documents, we will forward the same to the Purchasers lawyers.
The Possession Date:
It is very important that you leave the home in a clean state. It should also be in the same state as it was when the purchasers viewed the property.
Once we receive the entire Cash to Close from the Purchasers lawyer, we will authorize your realtor to release the keys. Form the funds, we will proceed to pay out your Mortgage or Line of Credit and any balance of Commissions owed to the Realtor. AFter deducting our legal account, we will issue you a trust cheque for the Sale Proceeds owed to you.