Tag: mortgage

Tag: mortgage

Resulting and Constructive Trusts: Types Continued

Good WifeThe Ontario Superior Court of Justice decided in Citi Financial Ltd.v. Zaidi that the transfer of a residential property from a husband to his wife...

Resulting and Constructive Trusts: The Various Types

Resulting Trusts Arising from Mortgage FraudThe Alberta Court of Appeal observed in Luitenko v. McAleer that a resulting trust arose out of mortgage fraud. The respondent,...

The Lesson Learned from a Leasing Arrangement

In the previous installment, we reviewed a scenario when the lender can attorn rents and the tenant has to pay rent to the lender. Assuming that...

A Discussion about the Assignment of Leases

As the Goodyear case considered in-depth assignments of rents and leases to determine the impact on the doctrine of privity, it is necessary to discuss the...

The Law of Lease Assignments

Earlier we have seen how Goodyear benefited from its lawsuit against Burnhamthorpe. This verdict is compared with the generally accepted good law set out in Corbett...

Assignments of Leases: Goodyear, A Case in Review

Goodyear v. BurnhamthorpeGoodyear was the tenant under a long-term ground lease of part of an office building in Etobicoke, known as 10 & 21 Four Seasons...

TYPICAL MORTGAGE FRAUD SCHEMES AND THEIR RED FLAGS

According to industry estimates, losses from mortgage fraud in Canada range into the hundreds of millions of dollars annually. Some criminal groups are each responsible for...

MORTGAGES & FINANCE: Residential Construction Financing

In the residential market, construction financing is available for customers who are planning to build a new home or who want to reconstruct an existing property...

THE ECONOMICS OF THE MORTGAGE INDUSTRY

Real properties (real estate) like buildings, lands, residences are generally acquired by a purchaser through taking a loan. The promise to repay this loan is backed by a...

THE BASICS TO LAND TITLE SEARCHES

A title search is conducted during the process of selling or purchasing or acquiring an interest in a property. Its purpose is to find out:If the...