Author: Carrie Styczen

While the preparation of mortgages is often delegated by lawyers to their paralegals or assistants, the lawyer must always review the mortgage instructions to ensure that he or she can fully and accurately report to the lender on the matters identified in those instructions, or whether s/he will need to seek amendments. Lender instructions have increased in scope and breadth over the past number of years, and lawyers are sometimes asked to provide opinions outside their area of expertise, on matters on which they do not have personal knowledge, or to assume responsibility for matters over which they do not have direct control. This paper provides a general discussion of common lender instruction requests and some pitfalls and problems relating to mortgages of which a conveyancing lawyer should be aware.

These materials are part of a collection presented at LESA’s Conveyancing program in Edmonton on June 17, 2025.