Before disbursing funds you must complete the Mandate and

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Before disbursing funds you must complete the Mandate and Identification
Verification Form which forms part of these Instructions to Notary
Note in particular the Precondition to Disbursement of Funds on Page 3.
Schedule of Non-Interest Fees – The Schedule of Non-Interest Fees has
been removed from the Instructions to Notary package. This document will
continue to be included with the Mortgage Disclosure Statement.
Option 1 – paragraph 14, additional instructions have been added
regarding the Electronic Documents Regulations
INSTRUCTIONS TO NOTARY
RE: FIRST RANK HYPOTHEC
NOTICE OF CONSENT
PLEASE NOTE
We appoint you to act on our behalf in this transaction.
We also consent to your acting on behalf of the mortgagor/hypothecary debtor in the above-mentioned
mortgage and, if applicable, to your acting for the mortgagor in acquiring title to the Property, and to your
discharging any encumbrances on behalf of the vendor.
The foregoing does not apply in British Columbia for real property transactions that do not qualify as simple
conveyances including, but not limited to, transactions involving a vendor take back mortgage and
transactions involving a construction mortgage. In such cases, you are not permitted to act on behalf of the
mortgagor.
We understand that you are obliged to raise all issues which may be of importance to us or to the mortgagor
or to a vendor for whom you are clearing title, and to explain the legal effect of such issues to all such
parties that may be affected by them. We also understand that any information received from us or the
mortgagor in connection with the matter cannot be treated as confidential so far as the other party is
concerned and that, if a conflict arises between us and the mortgagor which cannot be resolved, you will
thereafter be unable to act for either party in respect of the matter. We also understand that if you act for us
and the mortgagor in respect for the mortgage, you may not subsequently be able to act for either party in
any foreclosure or other collection proceedings, which may arise in relation to the transaction.
Please direct all enquiries and correspondence to the applicable regional office of CIBC MORTGAGES
INC. at the address shown below. The address for service on all loan documents should read:
1155 RENÉ-LÉVESQUE BLVD. WEST, SUITE 600,
MONTREAL, QUEBEC
H3B 3Z4
Please direct your Final Report and Certificate of Title, to the applicable regional office of CIBC
MORTGAGES INC. at the address shown below. The address for service on all loan documents
should read:
100 UNIVERSITY AVE SUITE 400,
TORONTO, ONT
M5J 2X4
NO OTHER ADDRESS SHOULD BE USED UNLESS AUTHORIZED BY US.
Alterations, deletions or additions to the Hypothec document require our prior consent unless contained in
the terms and conditions of our Commitment Letter or Special Instructions.
Unless the Loan Commitment Letter indicates that Vendor Take Back (VTB) or other secondary loan
financing is permitted, it is your responsibility to ensure that there is no VTB or other secondary
financing. If prior to disbursing funds on this loan you are aware or become aware of any VTB or
other secondary loan financing which security is to be registered either concurrently with our loan
or at a time following funding, you are required to immediately advise the applicable regional office,
and no funds are to be disbursed until further written instructions are received from us. If we agree
to VTB secondary financing, as a condition of funding, you must obtain from the vendor a waiver of
any security for unpaid purchase monies and confirmation that the vendor postpones any interest
that they may have in the property in favour of our loan.
PLEASE NOTE A DRAFT HYPOTHEC IS NOT REQUIRED AND WILL NOT BE VERIFIED. We rely
entirely on you to ensure that the Hypothec and other security documents are in accordance with our
instructions.
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ENCLOSURES
The following are enclosed (if not already faxed or provided to you on disk):
1.
2.
3.
4.
5.
6.
7.
8.
9.
Copy of our Loan Commitment Letter and modification letter, if applicable;
Standard Hypothec Document;
Schedule of Additional Provisions if applicable;
Notary’s Final Report and Certificate of Title;
Notary’s Interim Report/Requisition for Funds;
Copies of Disclosure Statement;
Pre-authorized cheque form (FUND0011);
Life Insurance application, if requested by mortgagors; and
Mandate to Notary – Ascertaining Identity.
RESPONSIBILITY OF NOTARY
You must choose Option 1 or 2 as applicable.
OPTION 1 - Non-Title Insured Hypothecs
It is your responsibility to ensure that:
1.
the mortgagor has a good and marketable title to the Hypothecated Property and premises (the
“Property”) described in our Loan Commitment Letter. The loan is registered in the proper Land
Registry and is a valid first rank on the Hypothecated Property subject to only those matters
approved by us prior to registration of the Hypothec;
2.
the hypothec is prepared on the document provided by or specified by us and the provisions thereof
are in accordance with the Loan Commitment Letter. The appropriate Schedule of Additional
Provisions is completed (if applicable) and forms part of the Hypothec document to be registered;
3.
the property is not leasehold;
4.
discrepancies in the legal description, title defects, reservations and restrictions, encroachments,
encumbrances and servitudes (other than routine servitudes for public utilities provided no part of the
building is affected) are referred to us WITH YOUR OPINION as to its/their effect on the marketability
of title. There are no executions or judgments affecting the Property;
5.
the building and any ancillary building or structure do not, with respect to its location or use, violate any
registered restrictions, provincial statutes and regulations of any competent authority;
6.
fire insurance with extended coverage as set forth on page 4 and other insurance that may be
specified in our Loan Commitment Letter is/are in force. DO NOT SUBMIT a copy of the fire insurance
policy to us;
7.
all other security specified in the Loan Commitment Letter, such as corporeal and incorporeal property,
is valid and binding, and has been registered or processed to give us, for our interest, all the protection
necessary; and that all terms and conditions set out in the Loan Commitment Letter have been met
and complied with;
8.
if the Property is a condominium or strata unit, any parking spaces and storage lockers intended to be
used in conjunction with the subject unit shall form part of our security;
9.
if the mortgagor is a corporation, it is valid and subsisting, a certificate of status of the corporation is
obtained, it is incorporated with full power and authority to hold, charge and otherwise deal with the
Property and all necessary corporate action has been taken to authorize the borrowing of the principal
sum with interest as stated in the loan and the giving of the loan security therefore;
10. if the Loan Commitment Letter requires a corporate guarantee, the corporate co-mortgagor non-owner
is duly incorporated and properly authorized to guarantee this loan;
11. our priority for all advances is maintained over any liens and that holdbacks from advances are made
by you in such amounts and for such periods of time as may be required by the Civil Code of Quebec;
12. if there is a Family Law Act (or any other such legislation under a different name) in force in the
province in which the Property is located, all requirements are complied with and that our interest is
protected in every respect;
13. A: you are to take all steps which should be taken by a careful and prudent notary on behalf of a
client including without limitation:
 advising us of any material fact known to you which might affect our decision to make the loan
to the mortgagor upon the security of the Property;
 advising us of any significant escalation in the value of the Property over a short period of
time or if the vendor under the Agreement of Purchase and Sale was not the registered owner
at the time the Agreement of Purchase and Sale was executed; and
 reviewing all the documentation, including the Loan Commitment Letter, the Statement
of Disclosure (including the Fee Schedule) and the Hypothec with the mortgagors and
guarantors and ensuring that that there are no discrepancies between the information
contained in the documentation and the information contained in the Agreement of
Purchase and Sale, including, but not limited to, the purchase price.
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B: You will advise us immediately in the event that it comes to your attention that any credits towards
the purchase price in favour of the purchaser on a conveyancing transaction arise other than by
way of payment of funds through your trust account and/or monies held in a licensed realtor's trust
account. This duty to report includes, but is not limited to, deposits allegedly paid directly from
purchaser to vendor and allowances or credits in favour of the purchaser of an unusual nature.
You are not required to report the normal adjustments relating to taxes, condominium fees, and
the like;
14. you ensure that all mortgagors and guarantors execute all copies of the Disclosure Statement
prior to execution of the mortgage documentation, and that each mortgagor receives one
signed copy of the Disclosure Statement (including the Fee Schedule) along with all other
applicable mortgage documents. One signed copy must be returned to us with your Notary’s Final
Report and Certificate of Title.
You will receive a subsequent Disclosure Statement if the cost of borrowing changes. This subsequent
Disclosure Statement may be received after closing, and in any event must be provided to all mortgagors
and guarantors upon receipt. Pursuant to the federal Electronic Documents Regulations, the subsequent
disclosure statement may be provided to the borrowers and guarantors by personal delivery or by mail,
but not by electronic means (such as fax). For progress advances, we will mail the Disclosure Statement
directly to the mortgagors and guarantors.
15. any mortgagors and guarantors (if any) NOT receiving a direct benefit from the proceeds of this loan
receive independent legal advice;
16. the loan security and all collateral documents are executed in your presence and all the parties who
have executed same are who they purport to be;
17. if there is a vendor-take-back loan, you have obtained a signed waiver of any security for unpaid
purchase monies from the vendor and confirm that the vendor postpones any interest that he/she may
have in the Property in favour of our first rank Hypothec; and
18. all mortgagors and guarantors (if any) acknowledge receipt of a copy of the Hypothec and/or schedule
of additional provisions which govern the Hypothec, before signing the Hypothec and have an
opportunity to review them.
OPTION 2 - Title Insured Hypothecs
If you choose this option, then only items 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 18(b) of the above
Option 1 will apply. We will only accept Title Insurance issued by a Title Insurance company that has been
approved by us prior to your request for funds. In addition, it is your responsibility to provide us with the
name of the approved title insurance company and the Individual Title Insurance Policy Number in the
Notary’s Interim Report/Requisition for Funds. You should obtain and follow the instructions of the title
insurance company in this regard.
For any matter not covered by the title insurance policy, it is your responsibility to advise us prior to
disbursement of funds and obtain our instructions. Please either obtain a cheque from the mortgagor or
retain funds from the advance to pay the premium and forward it to the title insurance company.
Where there is more than one advance, you are responsible for obtaining any subsequent or additional
endorsements from the title insurance company, for both Option 1 and 2, if applicable.
DO NOT SUBMIT to us any sheriff's certificates, execution searches, zoning memorandum, and title
abstracts that you obtain.
EXPIRY DATES
No first advance may be made after the expiry date set out in our Loan Commitment Letter or modification letter unless you have
confirmation of an extension given by us.
DISBURSEMENT OF FUNDS AND PREPARATION OF DOCUMENTS
When ready to disburse the Loan funds, please proceed as follows:
1.
prepare our Notary's Interim Report/Requisition for Funds form and FAX it to us between three to five
business days prior to the date funds are required.
PRECONDITION TO DISBURSEMENT OF FUNDS
In addition to the foregoing, if the Mortgage Approval document or the Mortgage Commitment
document provides that you must fax the fully completed Identification Verification Form to us before
the disbursement date, please fax it to us no later than 24 hours before the date funds are required. If
the IVF is not received 24 hours prior to the date funds are required, there could be a delay in
disbursement. You may not disburse funds until we have received the fully completed IVF.
if Option 2 is chosen, contact the title insurance company at least seven business days before funds
are required; the Title Insurance Company will advise as to the information and documentation
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required. You must indicate the name of the title insurance company and the Individual Title Insurance
Policy Number on the Interim Report/Requisition for Funds form;
2.
interest will accrue on advances from the date of the advance. If the proceeds cannot be disbursed
within three business days of the scheduled advance date , return the cheque or funds to us or
your firm will be responsible for all interest accrued from the date of the scheduled advance.
Accrued interest calculated to the interest adjustment date will be deducted from the advance. The
accrued interest for Loans on which progress advances are made will be deducted from the second
and subsequent advances;
3.
if the property is to be registered under a provincial New Home Warranty Plan, the New Home
enrolment numbers for the builder and the housing unit must be obtained prior to the first advance, and
a completed copy of the Certificate of Completion and Possession must be submitted to our office prior
to the final advance;
4.
for construction advances, you must make a subsearch before each progress advance or completion
payment is made to the mortgagor. If subsequent encumbrances of any kind are disclosed, all Loan
advances should be withheld and the facts reported to us. Amounts required to be held back by you
are not withheld from the advances provided to you by us; and
5.
if the mortgagors have selected a Loan with a cash back, it will be added to the net advance.
INTEREST ADJUSTMENT AND DATE OF PAYMENTS
The interest adjustment date to be used is as shown on the Loan Commitment Letter and any change must
be approved by us. The Hypothec must be drawn using the payment dates in accordance with the monthly
or flexi terms, as applicable, reflected in the Loan Commitment Letter and/or Modification Letter. The
payment amount must represent the blended principal and interest component only.
CERTIFICATE OF LOCATION
A Certificate of Location of the Property signed by a qualified surveyor, which represents the Property
(including all buildings and structures) in its current state must be provided with your Notary’s Final Report
and Certificate of Title. If any changes have been made to the Property since the date of the Certificate of
Location, a Declaration of Possession must be given to the effect that any changes or additions since the
date of the Certificate of Location comply with municipal by-laws.
The Certificate of Location must indicate:
1.
the legal description (being the lot and plan numbers), measurements and boundaries of the Property
and any discrepancies between the legal description of the Property and the property described by the
Plan of Certificate of Location;
2.
all buildings, structures or the foundations of the buildings under construction and their respective
dimensions and distances from the boundaries of the lands;
3.
any encroachments on or from adjacent lands and the location of all easements; and
4.
the municipal address of the Property, if an existing building.
A CERTIFICATE OF LOCATION IS NOT REQUIRED IF THE PROPERTY IS A SINGLE
CONDOMINIUM/STRATA UNIT.
DO NOT SUBMIT AN ORIGINAL CERTIFICATE OF LOCATION AS IT WILL NOT BE RETURNED.
PLEASE ENSURE THAT THE MORTGAGORS ARE FULLY AWARE OF THE IMPORTANCE OF
RETAINING THE ORIGINAL CERTIFICATE OF LOCATION.
TITLE INSURANCE OPTION: If a Certificate of Location as described above is not available, we will accept
title insurance issued by a title insurance company approved by us in advance. Please refer to Option 2
(Title Insured Hypothecs) for further details.
CONDOMINIUM UNITS
If the Property is a condominium unit, you must obtain a copy of Declaration of co-ownership in the form in
accordance with the Civil Code of Quebec.
TAXES
The amount of the tax component (if any) is not to be included in the loan payment recited in the Hypothec
document. All tax bills issued and unpaid at the interest adjustment date are to be paid in full.
FIRE AND HAZARD INSURANCE
You must verify that fire insurance and extended coverage for not less than the guaranteed replacement
value, unless otherwise specified, is in force and that the mortgage clause of the Insurance Bureau of
Canada is included in the policy, and arrange for all indemnities to be payable to CIBC MORTGAGES INC.,
as irrevocable beneficiary. We cannot accept a mortgage clause, or amendments to the mortgage clause,
that would effectively extend less coverage to us than that provided by the standard mortgage clause of the
Insurance Bureau of Canada. Unless specified under "Special Instructions", please advise the insurance
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company that we DO NOT require a copy of the policy or renewals. For rental or income producing
property, we require "loss of rental income" to be included in the insurance coverage.
Any losses payable to CIBC Mortgages Inc., trading as FirstLine Mortgages, should be sent to:
1155 René-Lévesque Blvd. West, Suite 600,
Montreal, Quebec
H3B 3Z4
REPORTING ON TITLE
1.
At the time of first advance, we require the signed Notary's Interim Report/Requisition for Funds form.
2.
If there is no impediment to making a second or subsequent advance, it is not necessary to provide
another Notary's Interim Report/Requisition for Funds.
3.
Within thirty days after the loan has been disbursed in full, the Notary’s Final Report and Certificate of
Title should be completed and together with all the documentation required to complete the loan
transaction should be forwarded to the applicable regional offices of CIBC Mortgages Inc. at the
address given on Page 1. If the final documentation will be delayed you should advise us in writing of
the anticipated date of our receipt of that documentation.
4.
If you have chosen Option 2 (Title Insured Hypothecs), then you must provide us with the name of
the Title Insurance Company and the Individual Title Insurance Policy Number on the Notary’s Interim
Report/Requisition for Funds Form.
COSTS
All costs with respect to this loan, unless otherwise specified in our Loan Commitment Letter, will be borne
by the mortgagor(s).