The question has often come up whether or not a mortgage
broker should absorb the expense of a land titles search (also referred to as a
property title search) to verify what’s on the title to a home that is being
refinanced by a client.
First of all, a property or land title search is something
that real estate lawyers sometimes perform in the course of a real estate
closing. This was more common before the days of property title insurance.
When mortgage brokers or agents refer to a property or land
titles search, they are often referring to a Parcel Register, which is a
document that can be retrieved from the Province of Ontario Land Registry
System (POLARIS). It indicates who the legal homeowners of a property are, when
they bought the property, what they paid for it, any mortgages registered
against the property, etc.
If you are a mortgage broker or agent then you know that
this information is very important.
Among the most common reasons that deals implode,
non-disclosure on the part of the borrower is one of the biggest. When your
customer fails to disclose information to you that causes the deal to be
cancelled later in the process, this can be costly to not only you, but all
those involved.
Depending on how far in the process you are, the result can
be your time wasted and your lender’s time wasted. If an insurer is involved,
their time will have been wasted, the real estate lawyer’s time will have been
wasted – the expense related to a deal that goes bad as a result of
non-disclosure is significant.
What kind of non-disclosure are we talking about?
o
Other parties on title
o
Undisclosed mortgages on title
o
Mortgages that are greater than disclosed
o
Discrepancies with value – property was
purchased very recently for much less than the value being stated, etc.
While learning this information early in the application
process can save you expense, you don’t need to obtain a Parcel Register to
verify this information.
You can access the same application that lenders use and
verify not only who the homeowner is and the mortgages registered on title, you
can also review an automated property value to further validate if the
information your client has provided is accurate.
It pays big time to validate who the legal homeowner is and
any mortgages registered. Doing extra due diligence leads to increased time
savings, savings on expenses, closure rates and strengthened lender
relationships.
If you are a mortgage broker or agent and would like more
information about how you can validate who owns a property or what mortgages
they have registered please visit www.purview.ca/lenders
or call 1-855-787-8439.

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