Charles Eyton-Jones Barrister & Solicitor

Transcription

1 Charles Eyton-Jones Barrister & Solicitor Thank you for visiting Here is a brief description of the documents that are in this file: Introductory Letter to Client Introductory Letter to Purchasing Client sent out to inform them of various information needed to complete the real estate transaction. Deed Acknowledgment and Direction - both sign The Acknowledgment and Direction to allow Charles Eyton-Jones to electronically register this document as indicated. Each person going on title signs. Note: If your transaction is to be registered manually, you will sign another form that contains the same information. Mortgage Acknowledgment and Direction Same as deed except this contains your mortgage/charge information received from the bank. Each person on title will sign an individual document. Note: If your tranaction is to be registered manually, you will sign another form that contains the same information. Some banks will require that you sign both forms. Bank documents These documents are required by your bank in order to complete the mortgage/charge portion of your real estate transaction. Direction re Title and Undertaking to Re-Adjust Direction to the seller's solicitor to engross the Deed as shown. Also includes your Undertaking to readjust the Statement of Adjustments. Consent to Act re Conflict and Acknowledgment re Title Insurance Gives your consent to act for both you and your bank and acknowledges you have chosen to title insure this transaction. Letter to Tax Dept On completion of your transaction, this letter is faxed or mailed to the appropriate city's tax department informing them you will be the new owner(s) and to remit future bills to you. For your records only. Affidavit of Executions Previous to and upon closing of your transaction, we must search the Sheriff's database of Writs. If your name comes up as having a writ against it, but this is not you, we require you to sign an Affidavit to this effect. If you have any questions, please do not hesitate to call us at (416) MY-1-4-LAW ( ) Kingston Road (at Fallingbrook Rd.) Toronto Ontario, M1N 1P3 Tel. (416) 691-4LAW (4529) Fax. (416) info@my14law.com

2 Charles Eyton-Jones Barrister & Solicitor July 30, 2003 <<<EXAMPLE>>> Mr. & Mrs. John & Mary Smith 555 North Main Street Suite 5 Toronto, Ontario M4M 4M4 Dear Mr. & Mrs. Smith: Re: Your purchase from Johnson 741 Angel Court, Scarborough Lot 7, Plan 66M-147 Closing Date: August 29, 2003 My File No.: 5000/03 CONGRATULATIONS on the purchase of your new home/condominium! We look forward to helping you in this transaction and to becoming your LEGAL CONSULTANT FOR LIFE. We are enclosing a flyer describing our triple "A" service and would encourage you at any time to offer any suggestions as to how we might be able to serve you better. My staff and I strive to be your Legal Consultant For Life. Our goal is to provide you with impeccable service. We want you to trust and appreciate our advice and counsel so much that you will recommend a friend to us... time and time again. TITLE INSTRUCTIONS I confirm that you have advised that you wish to take title as follows: EXAMPLE: : SMITH, John EXAMPLE: DOB: January 25, 1965 EXAMPLE:: SMITH, Mary EXAMPLE:DOB: March 14, 1966 EXAMPLE: as joint tenants If the property is to be owned by more than one person, title is commonly taken in one of the following ways: 1. As tenants in common: Upon death of one of the owners, that owner's interest passes to his/her heirs in accordance with his/her Will, or if there is no Will, in accordance with the Succession Law Reform Act KINGSTON ROAD (at Fallingbrook Rd.) TORONTO ON, M1N 1P3 Tel. (416) 691-4LAW (529) Fax. (416) info@my14law.com

3 2 2. As joint tenants: Upon the death of one of the owners, the property passes to the other owner, regardless of the provisions of the deceased's Will, subject to: (a) (b) the interest of the spouse of the deceased joint tenant, if any, pursuant to the Succession Law Reform Act; section 26 of the Family Law Act which provides that if a spouse dies owning an interest in a matrimonial home as a joint tenant with a third person and not with the other spouse, the joint tenancy will be deemed to have been severed immediately before the time of death. 3. In one name only: This may provide some protection against creditors of the other party. MORTGAGE INFORMATION At least a month before closing, please confirm with your mortgage lender that you have finalized all of your mortgage arrangements so that the lender can prepare their instructions for me on a timely basis. I wish to advise you that in acting for both you and the mortgage lender, information that I receive in connection with this matter from either party cannot be treated as confidential so far as the other party is concerned. Also, if some conflict of interest arises which cannot be resolved, it may be necessary for me to cease acting for either or both parties. However, in the normal course, it is unlikely that this would occur. FIRE INSURANCE In accordance with the Agreement of Purchase and Sale, you must immediately assure yourself, through your insurance agent, that the property is insurable. Please instruct your insurance agent to send me a letter binding coverage on the property at least two weeks before closing, setting out the following: 1. of insurance company, policy number, effective date and expiry date. 2. Your full name(s) as insured and loss payable to your mortgage lender. The agent will need the lender's address. 3. Confirmation that there is a replacement cost endorsement on the buildings OR that the amount of insurance on the dwelling is at least the amount of your mortgage. 4. I.B.C. approved mortgage clause. 5. No co-insurance provision.

4 3 6. Confirmation that a certified copy of the policy will be delivered to me. Please advise me as soon as possible of the name, telephone and fax numbers of your insurance agent. NOTE: If you are purchasing a condominium, strongly advise that you obtain a condominium owner's insurance package for your unit which includes contents coverage, coverage for any structural improvements therein, liability coverage, and any other coverages which you may require. You should discuss this with your insurance professional to ensure that you have adequate coverages for your unit and for any damage done to the common elements or another unit. This policy should also show the interest of the Mortgagee, if any. Please have your agent fax to my office a letter binding the unit as of the closing date and showing the interest of the Mortgagee, if any. UTILITIES Please contact the applicable utility company or companies and provide them with the necessary credit information to have the accounts transferred into your name(s) on the day of closing. Keep in mind that if you are purchasing a condominium some of these services may or may not be covered by your common expenses. To be on the safe side, give each of the utilities a call to verify. Please see the attached page and select the city of the home/condo you are purchasing. If you are unsure of which jurisdiction it falls under, call Kristy at (905) : SURVEY The Transfer of the title to the property that you will receive on closing will convey to you only the land described in the Transfer and any buildings on that land. A survey shows the location of the buildings in relation to the land being purchased and apparent property boundaries, such as fences. Among other things, a survey could show that part of the building you intend to purchase is on land belonging to someone else or that a neighbour has occupied part of the land described in your Transfer and by possession for a period of years has become the owner of the occupied lands. A survey could show that the buildings or additions have not been located on the property in accordance with municipal by-laws and regulations. Normally a survey is required for a new mortgage. Existing surveys, if still accurate, are frequently sufficient to satisfy the lender's requirements. However, if you are arranging a new mortgage with a bank, trust company or other lending institution, the lender may require an original, up-to-date survey. If an existing survey is accepted, it is your responsibility to make sure that it still accurately describes the buildings, apparent property boundaries and any improvements to the property. The cost of a new survey varies with the complexity of the property description. The average cost for a residential survey is $

5 4 A copy of the existing survey supplied by the vendor is enclosed. Please advise me as soon as possible whether or not it shows the buildings and fences as they now exist and whether or not you wish to obtain a new survey. A new survey should be done before the date for submitting requisitions which is shown on your Agreement of Purchase and Sale under the paragraph about Title Search. TITLE INSURANCE I confirm that you have instructed me to obtain Title Insurance for this purchase. The cost will be $ total for a home with one mortgage (addition mortgages will be $50 each plus PST). If the purchase price of your home is over $500, the amount will be slightly more -- contact our office for more information on the additional charges. If you are purchasing a condominium and are placing one mortgage, the cost will be a total of $ with an additional $50 + PST for each further mortgage. Visit Stewart Title Guaranty Company's website at which gives a general outline of what title insurance is and what it covers. LAND TRANSFER TAX The provincial land transfer tax must be paid when your Transfer is registered on the closing day. The amount depends on the purchase price and several other factors. You should have been informed of this figure by now, but if not, kindly contact our office. SIGNING APPOINTMENT When the closing documents are ready for your signature, I will arrange to meet at my office one or two days prior to the actual closing date. At that time, all owners on title will sign the closing documents. I will also ask you to bring to the meeting a certified cheque made payable to Charles Eyton-Jones in trust for the balance of your down payment, closing costs and legal fees and disbursements. I will notify you before our meeting of the exact amount that you will be required to bring. I wish to confirm our appointment on August 25, 2003 at 4:00 p.m. for you to sign the documents. Prior to your appointment, you may want to visit my web site at in order to preview a sample of the documents you will be signing. KEYS

6 5 Until the transaction has closed, keys will not be released to you. While I do my best to complete the transaction as early as possible, I am unable to guarantee the time by which the transaction will be completed as there are many variables that can delay the closing such as line-ups in the Registry Office and availability of vendor(s)' solicitors or conveyancers. The Registry Office hours are 9:30 a.m. to 4:30 p.m. You can therefore expect the keys for your new home to be available at my office between 3:00 p.m. - 4:00 p.m. on the day of closing. Please schedule your movers accordingly. Throughout the process, I will keep you up-to-date on all significant developments. I will also provide you with some helpful hints and will be available to answer any questions or concerns you may have. My real estate Law Clerk, Kristy Klein, will be assisting me with the completion of your transaction. Kristy will be pleased to answer your questions or provide you with any further information you require. Kristy's direct phone line is (905) If you have any questions or you wish to discuss any aspect of the purchase transaction, please do not hesitate to contact either of us. Yours very truly, Charles Eyton-Jones CEJ:kk

7 ACKNOWLEDGEMENT AND DIRECTION Page 1 of 1 TO: CHARLES ARTHUR EYTON JONES {insert lawyer's name} AND TO: CHARLES ARTHUR EYTON JONES {insert Firm name if applicable} RE: SMITH Purchase from Johnson, 741 Angel Court, Scarborough, Ontario - File: 5000/03 {insert brief description of transaction} This will confirm that: I/we have reviewed the information set out below, and that this information is accurate; You are authorized and directed to register electronically on my behalf the document(s) described in this Acknowledgement and Direction as well as any other document(s) required to complete the transaction described above; You are authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto as Schedule "A" and I/we acknowledge that I/we shall be bound by the terms of that Agreement. The effect of the electronic documents described in this Acknowledgement and Direction has been fully explained to me/us and I/we understand that I/we are parties to and bound by the terms and provisions of these electronic document(s) to the same extent as if I/we had signed these documents; and I/we are in fact parties named in the electronic documents described in this Acknowledgement and Direction and I/we have not misrepresented our identities to you. DESCRIPTION OF TRANSFER (for the Transferee(s)): Properties PIN Description Address LT Estate/Qualifier Fee Simple Absolute LOT 7, PLAN 66M147 SCARBOROUGH, CITY OF TORONTO 741 ANGEL COURT SCARBOROUGH Transferor(s) JOHNSON, JANE Transferee(s) Capacity Share Date of Birth SMITH, JOHN Joint Tenants Date of Birth SMITH, MARY Joint Tenants Consideration $ 240, Dated at, this day of,. Witness: (as to all signatures, if applicable)

8 AFFIDAVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION In the matter of the conveyance of: LOT7, PLAN66M147, SCARBOROUGH, CITY OF TORONTO BY: JOHNSON, JANE TO: SMITH, JOHN Joint Tenants %(all PINs) SMITH, MARY Joint Tenants %(all PINs) MAKE OATH AND SAY THAT: 1. For SMITH, JOHN AND SMITH, MARY I am (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) A trustee named in the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above-described conveyance; (d) The authorized agent or solicitor acting in this transaction for described in paragraph(s) (_) above. (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) (_) above. (f) A transferee described in paragraph ( ) and am making this affidavit on my own behalf and on behalf of who is my spouse described in paragraph (_) and as such, I have personal knowledge of the facts herein deposed to. (g) A transferee described in paragraph ( ) and am making this affidavit on my own behalf and on behalf of who is my same-sex partner described above in paragraph(s) (_). 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash (b) Mortgages (ii) Given Back to Vendor (c) Property transferred in exchange (detail below) (d) Securities transferred to the value of (detail below) (e) Liens, legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) (h) VALUE OF ALL CHATTELS - items of tangible personal property (i) Other considerations for transaction not included in (g) or (h) above (j) Total consideration 240, , , PROPERTY Information Record A. Nature of Instrument: Transfer LRO 80 Registration No. Date: B. Property(s):Assessment PIN Address ANGEL COURT Roll No SCARBOROUGH C. Address for Service: 741 Angel Court Scarborough, Ontario M3M 3M3 D. (i) Last Conveyance(s): PIN Registration No. (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes No Not known

9 ACKNOWLEDGEMENT AND DIRECTION Page 1 of 2 TO: CHARLES ARTHUR EYTON JONES {insert lawyer's name} AND TO: CHARLES ARTHUR EYTON JONES {insert Firm name if applicable} RE: SMITH FIRST MORTGAGE WITH THE TORONTO-DOMINION BANK, 741 ANGEL COURT, SCARBOROUGH - FILE: 5000/03 {insert brief description of transaction} This will confirm that: I/we have reviewed the information set out below, and that this information is accurate; You are authorized and directed to register electronically on my behalf the document(s) described in this Acknowledgement and Direction as well as any other document(s) required to complete the transaction described above; You are authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto as Schedule "A" and I/we acknowledge that I/we shall be bound by the terms of that Agreement. The effect of the electronic documents described in this Acknowledgement and Direction has been fully explained to me/us and I/we understand that I/we are parties to and bound by the terms and provisions of these electronic document(s) to the same extent as if I/we had signed these documents; and I/we are in fact parties named in the electronic documents described in this Acknowledgement and Direction and I/we have not misrepresented our identities to you. DESCRIPTION OF CHARGE/MORTGAGE (for the Chargor(s)): Properties PIN Description Address LT Estate/Qualifier Fee Simple Absolute LOT 7, PLAN 66M147 SCARBOROUGH, CITY OF TORONTO 741 ANGEL COURT SCARBOROUGH Chargor(s) SMITH, JOHN I am at least 18 years of age. Mary SMITH and I are spouses of one another and are both parties to this document This document is not authorized under Power of Attorney by this party. SMITH, MARY Chargee(s) Capacity Share THE TORONTO-DOMINION BANK

10 ACKNOWLEDGEMENT AND DIRECTION Page 2 of 2 Provisions Principal $ 230, Currency CDN Calculation Period half-yearly not in advance Balance Due Date 2008/09/01 Interest Rate 5.6% Payments $ 1, Interest Adjustment Date Payment Date first day of each month First Payment Date Last Payment Date Standard Charge Terms Insurance Amount 8616 full insurable value Guarantor Dated at, this day of,. Witness: (as to all signatures, if applicable)

11 ACKNOWLEDGEMENT AND DIRECTION Page 1 of 2 TO: CHARLES ARTHUR EYTON JONES {insert lawyer's name} AND TO: CHARLES ARTHUR EYTON JONES {insert Firm name if applicable} RE: SMITH FIRST MORTGAGE WITH THE TORONTO-DOMINION BANK, 741 ANGEL COURT, SCARBOROUGH - FILE: 5000/03 {insert brief description of transaction} This will confirm that: I/we have reviewed the information set out below, and that this information is accurate; You are authorized and directed to register electronically on my behalf the document(s) described in this Acknowledgement and Direction as well as any other document(s) required to complete the transaction described above; You are authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto as Schedule "A" and I/we acknowledge that I/we shall be bound by the terms of that Agreement. The effect of the electronic documents described in this Acknowledgement and Direction has been fully explained to me/us and I/we understand that I/we are parties to and bound by the terms and provisions of these electronic document(s) to the same extent as if I/we had signed these documents; and I/we are in fact parties named in the electronic documents described in this Acknowledgement and Direction and I/we have not misrepresented our identities to you. DESCRIPTION OF CHARGE/MORTGAGE (for the Chargor(s)): Properties PIN Description Address LT Estate/Qualifier Fee Simple Absolute LOT 7, PLAN 66M147 SCARBOROUGH, CITY OF TORONTO 741 ANGEL COURT SCARBOROUGH Chargor(s) SMITH, JOHN SMITH, MARY I am at least 18 years of age. John SMITH and I are spouses of one another and are both parties to this document This document is not authorized under Power of Attorney by this party. Chargee(s) Capacity Share THE TORONTO-DOMINION BANK

12 ACKNOWLEDGEMENT AND DIRECTION Page 2 of 2 Provisions Principal $ 230, Currency CDN Calculation Period half-yearly not in advance Balance Due Date 2008/09/01 Interest Rate 5.6% Payments $ 1, Interest Adjustment Date Payment Date first day of each month First Payment Date Last Payment Date Standard Charge Terms Insurance Amount 8616 full insurable value Guarantor Dated at, this day of,. Witness: (as to all signatures, if applicable)

13 D I R E C T I O N TO: The Toronto-Dominion Bank RE: Smith first mortgage to The Toronto-Dominion Bank Loan Number: Angel Court, Scarborough This is to direct you and shall constitute your good and sufficient and irrevocable authority to make your cheque for the above mortgage advance payable in favour of our solicitor: or as he may otherwise direct. DATED at Toronto, this day of August, CHARLES EYTON-JONES, IN TRUST John Smith Mary Smith A C K N O W L E D G M E N T TO: The Toronto-Dominion Bank RE: Smith first mortgage to The Toronto-Dominion Bank Loan Number: Angel Court, Scarborough We, the undersigned, being the mortgagors in the above transaction, hereby acknowledge receiving a copy of Standard Charge Terms No before signing the above charge or mortgage, and we understand that the said Standard Charge Terms are incorporated by reference into such charge or mortgage. DATED at Toronto, this day of August, John Smith Mary Smith IN THE MATTER OF a mortgage (charge) from John Smith and Mary Smith in favour of The Toronto-Dominion Bank on the premises municipally known as 741 Angel Court, Scarborough We, John Smith and Mary Smith, SOLEMNLY DECLARE that: 1. We are the purchasers/mortgagors of the above-mentioned property and have knowledge of the matters hereinafter deposed to. 2. The downpayment of $12, is from our own resources and has not been borrowed with or without this property as security. 3. The property will be occupied by us as our primary residence after closing. AND we make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. SEVERALLY DECLARED before me } at the City of Toronto } John Smith in the Province } of Ontario } this day of August } } Mary Smith A COMMISSIONER, ETC.

14 D I R E C T I O N R E T I T L E TO: AND TO: RE: Jane Johnson Dashwood & Dashwood Barristers & Solicitors Smith p/f Johnson 741 Angel Court, Scarborough WE HEREBY AUTHORIZE AND DIRECT you to engross the deed or transfer with respect to the above transaction as follows: Full Birthdate SMITH, John January 25, 1965 SMITH, Mary March 14, 1966 as joint tenants AND FOR SO DOING this shall be your good, sufficient and irrevocable authority. DATED at Toronto, this day of August, John Smith Mary Smith UNDERTAKING TO RE-ADJUST In consideration of closing this transaction, I/we undertake: 1. To re-adjust all items of the Statement of Adjustments upon written demand, if necessary. DATED at Toronto, this day of August, John Smith Mary Smith

15 CONSENT TO ACT RE CONFLICT TO: RE: Charles Eyton-Jones John Smith and Mary Smith First mortgage to The Toronto-Dominion Bank Property: 741 Angel Court, Scarborough Closing Date: August 29, 2003 Your File No.: 5000/03 The undersigned, John Smith and Mary Smith, hereby acknowledge being advised by you that you are acting for both the undersigned as well as the Mortgagee, The Toronto-Dominion Bank, in the above transaction, and notwithstanding being so advised, the undersigned hereby expressly consent to you acting in this capacity. The undersigned further acknowledge being advised that all information received in connection with this transaction from either party cannot be treated as confidential insofar as the other party is concerned, and that the rules of the Law Society of Upper Canada require that when law firms act for both parties, this fact should be revealed to the other party with a recommendation that the other party obtain independent representation. The undersigned further acknowledge having been advised that in the event of a material conflict between us and the Mortgagee, The Toronto-Dominion Bank, which cannot be resolved, you will advise us thereof, and it may be necessary for you to discontinue acting for either party in this matter. DATED at Toronto, this day of August, John Smith Mary Smith ACKNOWLEDGMENT AND DIRECTION FROM PURCHASER TO: RE: Charles Eyton-Jones Barrister & Solicitor Smith purchase from Johnson 741 Angel Court, Scarborough This will confirm that you, as our lawyer, have reviewed and explained to us the various options available to protect our ownership interests arising from the purchase of the above property, and that, in particular, you have explained the advantages and disadvantages of protecting our interests through the purchase of title insurance as compared to a lawyer s opinion on title. We hereby instruct you to proceed by way of the purchase of title insurance from Stewart Title Guaranty Company. DATED at Toronto, this day of August, John Smith Mary Smith

16 Charles Eyton-Jones Barrister & Solicitor August 29, 2003 Tax Department City of Toronto Revenue Services Etobicoke Civic Centre 399 The West Mall Etobicoke, ON M9C 2Y2 FAX TO: (416) Dear Sirs: Re: Smith purchase from Johnson 741 Angel Court, Scarborough Lot 7, Plan 66M-147 Roll No.: Closing Date: August 29, 2003 My File No.: 5000/03 Please be advised that I am the solicitor for John Smith and Mary Smith who, effective August 29, 2003, purchased the property described above. Kindly amend your records to show my clients: SMITH, John SMITH, Mary as the new owners of the property. I would therefore request that you forward a copy of the current tax bill and all future notices and bills to the new owner of the property at: 741 Angel Court Scarborough, Ontario M3M 3M3 Thank you for your co-operation in this matter. Yours very truly, Charles Eyton-Jones CEJ:kk 1238 KINGSTON ROAD (at Fallingbrook Rd.) TORONTO ON, M1N 1P3 Tel. (416) 691-4LAW (529) Fax. (416) my14law@istar.ca

17 THE LAND TITLES ACT, Section 137 AFFIDAVIT AS TO WRITS OF EXECUTION IN THE MATTER OF: Lot 7 IN THE REGISTER FOR: Plan 66M-147 AND IN THE MATTER OF: certain Writs of Execution in the hands of the Sheriff of Toronto Region, copies of which have been filed in the Land Titles Division of the Toronto Registry Office as Number(s): I, John Smith, make oath and say as follows: 1. I am a registered owner of the lands entered as, Lot 7, Plan 66M I am not the same person as, the judgment debtor named in Writ of Execution Number wherein, as Plaintiff, was awarded the sum of $ plus costs of $ 3. I am not the same person as, the judgment debtor named in Writ of Execution Number wherein, as Plaintiff, was awarded the sum of $ plus costs of $ 4. I am not the same person as, the judgment debtor named in Writ of Execution Number wherein, as Plaintiff, was awarded the sum of $ plus costs of $ 5. I am not the same person as, the judgment debtor named in Writ of Execution Number wherein, as Plaintiff, was awarded the sum of $ plus costs of $ 6. I am not the same person as, the judgment debtor named in Writ of Execution Number wherein, as Plaintiff, was awarded the sum of $ plus costs of $ 7. I am not the same person as, the judgment debtor named in Writ of Execution Number wherein, as Plaintiff, was awarded the sum of $ plus costs of $ Sworn before me at the } City of Toronto } in the Province } of Ontario } this day of August } John Smith 2003 } A COMMISSIONER, ETC.