ARTICLE · 17 JUNE 2009

Focus On Real Estate - June, 2009

Dentons Canada LLP

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Welcome to the National Real Estate newsletter, updating you on the latest issues affecting real estate and the property development market.

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Welcome to the National Real Estate Newsletter

Welcome to the National Real Estate newsletter, updating you on the latest issues affecting real estate and the property development market. In this issue, we discuss (i) Looking Beyond Title - Fraudulent Mortgages; (ii) Specific Performance for Vendors in Real Estate Transactions; (iii) Is it Time to Sublet? (iv) The New Harmonized Sales Tax-Will it Affect Your Real Estate Operations? (v) Review of significant deals and transactions that our various offices have been involved in.

Looking Beyond Title – Fraudulent Mortages

By: Scott Wilson

The British Columbia Court of Appeal recently heard two appeals involving fraudulent mortgages. The decisions in Gill v. Bucholtz, 2009 BCCA 137, and Oehlerking Estate v. John Doe, [2009] B.C.J. No. 668, were released jointly on April 6, 2009, and the precedent set by these decisions will require lenders to review, and possibly revise, their due diligence and lending

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