How Does the Vendor’s Mortgage Get Removed From Title?
For Whistler real estate, the real estate transaction closing process is not complicated, however it is a process which takes time. Recently, upon closing a transaction, the lawyer acting for the buyer sent them a copy of the “new” title. The Buyers names were on the title, in addition, so was the vendor’s mortgage. Naturally, this alarmed the buyers as the lawyer had not fully explained the process to them. Although there may be other steps to this process this outline will give you a sense of the basic process:
- Upon closing, the Buyer’s lawyer (BL) sends the money from the sale, as per the adjustment document to the Seller’s Lawyer (SL).
- SL then sends the money outstanding to the Bank which held the vendor’s mortgage. This is accompanied by a Discharge Document (DD). The Bank has up to 90 days to sign the DD. Bank returns the signed DD back to the SL usually with 45 to 60 days.
- Upon receipt, the SL files the signed DD with the Land Title Office (LTO). LTO filing happens within a few weeks, and when it does, they send notification to the SL that the DD has been filed. Any mortgage held by the vendor should now be removed from the title.
- Finally, the SL can notify the BL who orders a current copy of the title from the LTO and sends that to the Buyer. In addition to having the Buyer’s name and address on it, the title will be free from any encumbrances. Just as it says in the Contract of Purchase and Sale.
For more FAQ on purchasing Whistler ski-in ski-out real estate, please read the FAQ Buyer’s Page.
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