FAQ: Mortgages and Refinancing

Q: Do I need a lawyer to close a sale if I do not have any mortgages?
A: Yes. In Ontario only lawyers can register transfers whether on the vendor’s behalf or the purchaser’s behalf.

Q: Do I need a lawyer to do a refinance?
A: Not necessarily, especially if the amount of the principal on the new mortgage is not greater than on the old. Other parties can register mortgages in Ontario.

Q: Do I have to get fire insurance when I purchase or mortgage a house/cottage/condo?
A: It is always advisable to do so. Mortgagees will require proof of coverage with their interest as mortgagees endorsed on the policy. A condo. is generally covered by the master policy of the condominium, but it does not cover contents.

Q: If a condo has the insurance why do I need to get contents insurance?
A: It is not generally required, but some mortgagees require it. A contents policy may also provide liability coverage for the occupants.

Q: Why do I have to get title insurance, and what are my benefits on getting one?
A: Most mortgagees require title insurance but title insurance also protects the owner. There are a few major title insurers. There are some differences in the policies and service. You should ask your lawyer which one they recommend and why.

Q: I have an old mortgage registered against my property, which was registered before I purchased it. What are my remedies?
A: You have a number of remedies available which can be pursued by a lawyer including asking your title insurer to remove it, applying to the land registrar to have it removed, and commencing a court application to clear title.

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