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ARTICLE · 19 JANUARY 2016

What Happened To My Mortgage?

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In 2015, and just before his retirement, Justice Murray of the Ontario Superior Court of Justice left us with a challenging legal decision that, for the time being at least, will matter to mortgage lenders.

CanadaFinance and Banking
Simon Crawford
Simon Crawford
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In 2015, and just before his retirement, Justice Murray of the Ontario Superior Court of Justice left us with a challenging legal decision that, for the time being at least, will matter to mortgage lenders.

Mortgage lenders rely on one fundamental thing when they issue a commitment letter for a mortgage: good title. And good title is something that a lender, its lawyer and its title insurer get comfort on from the land titles registry. The land titles registry, therefore, is the root of our confidence in the state of title. Registered instruments are, by virtue of their being on the registry, fixed in place, reliable and immutable. And we expect that only a handful of statutory exceptions to title, deemed trusts or liens can colour our certainty on the priority of a registered mortgage.

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