Accessing Private Mortgage Documents (ON)

Accessing Private Mortgage Documents (ON)

When working with a Private Lender in RealtiWeb Ontario, the Forms 9D and 9E (collectively, the "Forms") were developed to ensure documented communication between lawyers and their clients. Written instructions reduce allegations of miscommunication and failure to follow client instruments. The Law Society of Ontario's goal is to ensure that the public is protected and to reduce claims and complaints by lender clients.
  1. Form 9D contains the written instructions from the lender. It crystallizes the transaction and is available for confirmation purposes in the event of a claim.
  2. Form 9E is a report on the investment for the lender.

Subject to limited exceptions, the Forms must be completed for mortgage transactions in which the lawyer acts for or receives money from a lender.

The forms are not required where (the bolded part is why this applies to private lenders).
  1. the lender (note, all three conditions must apply)
    1. is a bank listed in Schedule I or II to the Bank Act (Canada), a licensed insurer, a registered loan or trust corporation, a subsidiary of any of them, a pension fund, or any other entity that lends money in the ordinary course of its business;
    2. has entered a loan agreement with the borrower and has signed a written commitment setting out the terms of the prospective charge; and
    3. has given the lawyer a copy of the written commitment before the advance of money to or on behalf of the borrower.
  2. the lender and borrower are not "arm's length";
  3. the borrower is an employee of the lender or of a corporate entity related to the lender;
  4. the lender has executed the "Investor/Lender Disclosure Statement for Brokered Transactions", approved under section 54(1) of the Mortgage Brokerages, Lenders and Administrators Act, 2006, and has given the lawyer writtten instructions, relating to the particular transaction, to accept the executed form as proof of the loan;
  5. the total amount advanced by the lender does not exceed $6,000; or
  6. the lender is selling real property to the borrower and the charge represents part of the purchase price (i.e. a vendor take-back mortgage).

Accessing the Forms in RealtiWeb Ontario

RealtiWeb Ontario has Form 9A through to E available in the Documents screen. In addition, Forms 9D and E are available from the Mortgages screen.

Adding a Mortgage from a Non-Institutional (Private) Lender

  1. If you haven’t done so already, add the lender to your database as a private lender (select Yes under the lender name).
  2. Select the lender from the lender list.
  3. Underneath the Lender name, click on the Edit Private Mortgage Details link. 
  4. Click the link to open a window with fields specific to Forms 9D and 9E. These fields are pre-populated with information from your file. Update any required information. Scroll down this window to show all the fields which apply to both of the forms.
  5. After entering the details on the screen, create Forms 9D and/or 9E from the Documents screen.

Adding a Vendor Take Back (VTB) Mortgage

  1. Check the Vendor Take Back checkbox on the Mortgages screen, then complete all remaining fields.
  2. After entering the details on the screen, create Forms 9D and/or 9E from the Documents screen.

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      Province-specific information for AB clients

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      Province-specific information for ON clients

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