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In this episode, I discuss a common and costly pitfall in lending— assuming the borrower owns the asset they offer as security. Whether it is real estate or personal property, ownership can be more complicated than it looks.
I explain what happens when the borrower is not the registered owner on title, why beneficial ownership matters, and why getting a Beneficial Owner Acknowledgment is key to avoid void transactions. I also talk about the challenges with personal property where public registries often don’t exist, and why asking for proof of ownership is essential before accepting an asset as security.
If you work in lending or advising on security packages, this episode offers practical advice to help you avoid this trap and secure your deals properly.
Think the 10-day cooling-off period is just time to relax? Think again. In this episode, I break down what Ontario buyers really need to be doing after signing an agreement for a pre-construction condo or new freehold home. From reviewing your contract with a lawyer to locking in financing and asking the right questions, this is your chance to make informed decisions before you're locked in. Don’t waste it.
In this episode, I talk about two threats that can stop a financing deal in its tracks: unpaid property taxes and unresolved work orders. As a lender’s lawyer, I’ve seen these issues turn what should have been a smooth closing into a full-blown scramble or even a dead deal. If you’re a borrower, investor, or lender, this one’s for you. I break down why these seemingly small things matter, how they show up in due diligence, and what they say about the health of a deal. If you're serious about getting financing or protecting your investment, you need to stay ahead of these killers. Let’s get into it.
Agreements registered on title without a clear termination or expiry date or trigger can cause major issues in real estate and lending transactions. In this episode, I explore how missing termination clauses can impact financing, property transfers and enforcement of security. Tune in!
In this episode, I explore the 2023 case of Rabin v. 2490918 Ontario Inc., unpacking the critical issue of assignment and consent in commercial leases. When a tenant seeks to assign their interest under a lease, what happens if the landlord refuses to consent? The court's decision in Rabin sheds light on a landlord's obligation to act reasonably when responding to a tenant’s request to transfer or assign their interest in the lease.
I discuss the legal standard for "reasonable" consent in commercial tenancy agreements, the practical steps tenants can take when facing an uncooperative landlord, and how landlords can protect their interests without inviting unnecessary litigation. I also touch on proactive strategies both parties can use to avoid disputes over lease assignments.
Whether you're a commercial landlord, tenant, or legal professional, this episode offers valuable insights to help you navigate assignment and consent issues with confidence.
Tune in!
In this episode, I break down Canada's Federal Underused Housing Tax — what it is, who it affects, and why it matters. I explore the difference between affected and excluded owners, what qualifies as "residential property," and the key exemptions that could apply.
Plus, I discuss the penalties for non-compliance and what to expect during an audit. Whether you're a property owner, investor, or simply curious about how this tax works, this episode gives you the clarity you need.
Hamilton’s new Vacant Unit Tax is here, and every residential property owner needs to pay attention. Even if you live in your home, you’re required to file a declaration – and missing the deadline could cost you.
In this episode, I break down the key details: the reason behind the tax, who needs to file, how to submit your declaration, important deadlines, available exemptions, and what to do if you need to challenge the tax.
If you own residential property in Hamilton, this is the information you need to stay compliant and avoid penalties.
In my last episode, we covered CMHC’s Purchase Product—but what if the home you’re buying needs some work? Or what if you’re building from the ground up? That’s where CMHC’s Improvement Product comes in.
This episode explores how homebuyers can access insured financing of up to 95% of the “as-improved” value for 1- or 2-unit owner-occupied properties, and up to 90% for 3- or 4-unit properties. Whether you’re renovating an existing home or constructing a new one, this product could be the key to making your vision a reality.
Tune in to learn how it works, and who qualifies!
Looking to own a home in Canada? You might not need as big a down payment as you think! In this episode, we’re diving into CMHC-insured homeowner loans within the context of purchases—what they are, who benefits, and how they impact borrowers and lenders.
This is the first of a series analysing various CMHC products, so check back every Monday for more perspectives!
Discover why these agreements become necessary, how they prevent conflicts, and the key terms lenders care about, like subordination, enforcement standstills, and postponement. But it’s not just about lenders—borrowers also have a stake in understanding these terms.
Whether you’re new to priority agreements or want to deepen your knowledge, this episode unpacks everything you need to know about balancing the interests of senior and subordinated creditors.
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