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61891.04This paper provides background information regarding the Western Law Societies Conveyancing Protocol. In addition to background information, the following topics are covered: the basic description and key steps of the protocol, what is and is not covered by the protocol, how to follow the protocol, useful tips and a number of resources. A number of useful checklists (file review, purchase closing, sale closing, and mortgage closing) are included. This paper was presented at the Running Your First Real Estate Transaction program held in September 2013.
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61891.02This paper outlines some common issues real estate practitioners face when dealing with a residential purchase contract. The author discusses how to conduct the initial review of a new residential conveyancing file, followed by an overview of the key terms of the contract. The author also highlights a number of common issues that need to be monitored in a residential real estate file. This paper is based upon the October 2012 AREA contract (not included). This paper was presented at the Running Your First Real Estate Transaction program held in September 2013.
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61891.01Essential to the smooth closing of any purchase or sale, this paper provides information on the trust conditions imposed and undertakings given in a residential real estate transaction. In addition to trust conditions and the undertakings, this paper also provides details on drafting a trust letter. Trust letter precedents are included. This paper was presented at the Running Your First Real Estate Transaction program held in September 2013.
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61872.05aThis paper discusses the rationale behind the Responsible Energy Development Act and how its policies affect rural landowners. After outlining key features of the legislation, the paper addresses the controversies and concerns surrounding this new law. This paper was presented at the 2013 Rural Property Issues program.
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61863.04This paper reviews the closing documents typically required pursuant to as well as agreement of purchase and sale (the PSA). The following closing procedures are also discussed: preparing, obtaining, and reviewing tenant estoppel certificates; deciphering the statement of adjustments; trust conditions; and understanding title insurance. Precedents are included. This paper was presented at the Commercial Real Estate Transactions program in January, 2013.
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61863.03This paper presents practical suggestions for dealing with mortgage lenders to help lawyers estimate how much leverage they have for negotiating a better deal for their clients. The author discusses the following topics: negotiable elements in commitment letters, why lenders need commitment fees, estoppel certificate requirements, due diligence requests, mortgages and related security, third party reports and conditions precedent to funding, and borrower’s solicitor opinions. Precedents are included. This paper was presented at the Commercial Real Estate Transactions program in January, 2013.
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61863.02When properly planned and executed, due diligence can reduce the likelihood of mistakes and unnecessary delays at closing, and ultimately result in tangible benefits to both the vendor and purchaser. This paper provides a step-by-step process to help commercial real estate lawyers thoroughly conduct due diligence. Precedents are included. This paper was presented at the Commercial Real Estate Transactions program in January, 2013.
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61855.03This paper addresses the important issues that may arise in a consumer mortgage financing. The author provides a detailed outline of the consumer mortgage process, including a review of the additional requirements with construction and condominium financings. This paper was presented at our Land Mortgage Financing and Enforcement Fundamentals program in November of 2012.
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61855.02This paper provides an overview of commercial lending, including a discussion of Term Sheets and Loan Agreements. Following this overview, the author provides recommendations on the legal due diligence required in commercial lending transactions. The paper provides an analysis of the documentation required in a commercial mortgage transaction, including Non-Disturbance Agreements, a General Assignment of Rents and Leases, and Debentures. Commercial mortgage lending precedents are included. This paper was presented at our Land Mortgage Financing and Enforcement Fundamentals program in November of 2012.
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61855.01This paper provides a checklist for the foreclosure process. The author also provides the requirements for litigation under conventional mortgages, CMHC mortgages and high ratio mortgages as well as the different options for court applications in the foreclosure process. The following foreclosure precedents are included: - Statement of Claim – Conventional Mortgage - Statement of Claim – High Ratio or CMHC Insured Mortgage - Noting in Default - Affidavit of Default - Notice of Application - Redemption Order – Listing - Redemption Order – Posting - Final Affidavit of Default - Order for Foreclosure - Order – Sale to Plaintiff Adjourn Judgment - Order – Sale to Plaintiff with Judgment - Order Confirming Sale and Vesting Title - Affidavit of Realtor - Affidavit of Posting - Affidavit of Search - Preservation Order - Affidavit in Support of Preservation Order - Redemption Order – Condominium Fees - Application Summary - Eviction Letter to Bailiff This paper was presented at our Land Mortgage Financing and Enforcement Fundamentals program in November of 2012.
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61858.06After a brief overview of the Western Law Societies’ Conveyancing Protocol, this paper presents practical tips for practitioners such as when one can use the protocol, making claims pursuant to the protocol, and dealing with Real Property Report compliance issues. This paper was presented at the Law and Practice Update program in November 2012.
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61858.03This paper outlines some of the typical tax issues facing a small or solo practitioner in general practice. Some of the topics covered include family tax, corporate tax, real estate taxation and tax issues related to wills and estates. The author also details a few new tax issues and useful planning ideas for the reader. This paper was presented at the Law and Practice Update program in November 2012.
