Mortgage discharge when the lender cannot be found
Gets an old or orphaned mortgage removed from title when the lender no longer exists or will not respond.
What is included
- Reviews the lender's commitment and the mortgage terms with you
- Searches title and confirms the lender's requirements are met
- Prepares, signs and registers the mortgage and any discharge
- Pays out existing debts and receives the new funds through the lawyer's trust account
- Reports to you and the lender after registration
What is not included
- Land transfer tax, registration fees, title insurance premiums and other disbursements
- Home inspections, surveys and appraisals
- Disputes or lawsuits arising from the deal, unless the lawyer agrees to act
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Owners refinancing, switching lenders or adding a mortgage
- Private lenders and borrowers
- Guarantors who need independent legal advice
Information to have ready
- 1The mortgage commitment or loan offer
- 2Government photo ID for each borrower or guarantor
- 3Existing mortgage statements and payout details
- 4Property tax and home insurance information
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $1,500–$3,500, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
When should I contact a lawyer?
Ideally before you sign an offer, so the lawyer can review the conditions. At the latest, as soon as the agreement is signed.
What is title insurance?
It is a policy that protects against certain title problems, such as fraud or some survey issues. The lawyer can explain what it covers and whether it suits your deal.
Can the same lawyer act for the buyer and the seller?
Usually not. The Law Society's rules generally prevent one lawyer from acting for both sides of a property sale, with limited exceptions.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No closing can be guaranteed if the other side or a lender does not perform
- Problems found late, such as title or survey issues, may delay closing
- The work is limited to the scope the lawyer confirms in writing
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