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BC Mortgages Practice Manual



Product Type: Publications - Print + Online
ISBN: 0-86504-615-8
Pages: 754
Price: $299.00
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DescriptionMore DetailContributors

Know every step of a mortgage transaction—from receipt of instructions to closing

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

Current to: June 1, 2015

A wealth of rules and regulations govern mortgage transactions in British Columbia. What are their practical implications and how do you apply them in your day-to-day work? This essential reference book reviews the residential mortgage and discusses special considerations for commercial mortgage transactions.

Highlights of the 2015 update

  • developing jurisprudence (leave granted to appeal to SCC from ABCA) on s. 8 of Interest Act (prohibition on higher interest rate on arrears)

  • Code of Professional Conduct for B.C. rules and commentary discussed re conflicts, undertakings

  • case law on need for lawyer to verify accuracy of payout statement

  • spousal interest in real property under Family Law Act

  • importance of lender’s inquiries and proper charging of beneficial interest

  • absence of requirement for survey certificate for strata property

  • lenders’ willingness to accept title insurance instead of survey certificate

  • importance of reviewing strata corporation’s Form B—Information Certificate when acting for mortgagee

  • exercise of caution in giving marketability opinion

  • new Limitation Act provisions and release of vendor liability in cases of mortgage assumption

  • case law on statutory limit to purchaser’s liability for vendor’s default in cases of mortgage assumption

  • withholding tax on interest paid to a Hong Kong resident

  • enhanced/updated discussion of “thin capitalization” rules

     

    Product Type Price
    Online-Only $109/year
    Print + Online Package $299

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    Receive a friendly reminder one month before a new update is published. Contact Customer Service for more information. 

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

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