FirstLine Matrix – April 2012 Page 1
Please read the instructions carefully as several changes have been made throughout the document. In particular:
Schedule of Non-Interest Fees – The Schedule of Non-Interest Fees has been removed from the Instructions to Solicitor package. This document will continue to be included with the Mortgage Disclosure Statement.
Precondition to Disbursement of Funds and Appendix B (IVF), additional instructions have been added
Option 1 – paragraph 15, additional instructions have been added regarding the Electronic Documents Regulations
Option 1 – paragraphs 19 and 22, additional instructions have been added
Interim Report/Requisition for funds, additional instructions have been added
INSTRUCTIONS TO SOLICITOR RE: FIRST MORTGAGE
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 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. 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 of 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.
In British Columbia & Saskatchewan, the mortgage document is to be registered in the name of CIBC Mortgages Inc. (in B.C. extraprovincial #A33457). For all other provinces and territories, the mortgage document is to be registered in the name of CIBC Mortgages Inc., trading as FirstLine Mortgages. Our address for service is 33 Yonge Street, Suite 700, Toronto, Ontario, M5E 1G4. This shall be the address for service on all mortgage documentation. NO OTHER ADDRESS SHOULD BE USED UNLESS AUTHORIZED BY US.
Please direct all enquiries and correspondence (with the exception of your Solicitor’s Final Report and Certificate of Title and supporting documentation) to the Funder in the appropriate Regional Office of FirstLine Mortgages at the address shown below.
FirstLine Mortgages Regional Offices: Ontario & Atlantic provinces
British Columbia & Yukon
700-33 Yonge Street Toronto, ON M5E 1G4
400 Burrard Street, 5th Floor Vancouver, BC V6C 3A6
Fax: refer to the Solicitor Fax Cover Sheet in the Instructions Package. Tel: (416) 865-1511 / 800-387-2020
Tel / Fax: refer to the Solicitor Fax Cover Sheet in the Instructions Package.
Alberta, Saskatchewan & Manitoba
333-11 Avenue S.W. Suite 850 Calgary, AB T2R 1L9
Fax: refer to the Solicitor Fax Cover Sheet in the Instructions Package. Tel: 800-661-1654
**ALL SOLICITOR’S FINAL REPORTS AND CERTIFICATES OF TITLE MUST BE FORWARDED TO 100 UNIVERSITY AVENUE, STE 400, TORONTO, ONTARIO M5J 2X4 – ATTENTION: FINAL DOCUMENT DEPARTMENT
Alterations, deletions or additions to the mortgage forms require our prior consent unless contained in the terms and conditions of our Mortgage Approval/Mortgage Commitment and/or Modification Letter (“Mortgage Approval”).
Unless the Mortgage Approval indicates that Vendor Take Back (VTB) or other secondary mortgage financing is permitted, it is your responsibility to ensure that there is no VTB or other secondary financing. If prior to disbursing mortgage funds on this mortgage you are aware or become aware of any VTB or other secondary mortgage financing, which security is to be registered either concurrently with our mortgage or at a time following funding, you are required to immediately advise the Regional Office, and no funds are to be disbursed until further written instructions are received from us. If we agree to VTB or other secondary mortgage financing, as a condition of funding, you must obtain from the vendor a waiver of any equitable lien for unpaid purchase monies and confirmation that the vendor postpones any interest that they may have in the property in favour of our mortgage.