Purchase of a Home

IF YOU ARE 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.