FirstLine Matrix – April 2012 Page 2
PLEASE NOTE, A DRAFT MORTGAGE IS NOT REQUIRED AND WILL NOT BE VERIFIED. We rely entirely on you to ensure that the mortgage and other security documents are in accordance with our Instructions to Solicitor. In the event the documents are not prepared in accordance with these instructions, and we suffer a loss as a result, we will seek to recover any loss from you.
ENCLOSURES The following are enclosed:
Pre-Authorized Debit Form
Solicitor’s Interim Report/Requisition for Funds
Solicitor’s Final Report and Certificate of Title
Appendix A – Acceptable Forms of Identification
Appendix B – Identification Verification Form
PLEASE NOTE THAT OUR MORTGAGE DOCUMENTS ARE AVAILABLE ON OUR WEBPAGE AT: “www.firstline.com”.
RESPONSIBILITY OF SOLICITOR
IMPORTANT – READ CAREFULLY – PRECONDITION TO DISBURSEMENTS OF FUNDS
Ascertain the identity of each Mortgagor and Guarantor
In accordance with the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and Regulations, prior to disbursing funds, we require that you ascertain the identity of each mortgagor and guarantor as follows:
For individuals, we require that you examine Acceptable Identification, as defined in Appendix “A” (“Acceptable Forms of Identification”) from each mortgagor and guarantor, and that you complete and sign Appendix “B” (Identification Verification Form) (“IVF”), on which you are required to record the full name, identification type,
identification number and place of issue of identification for each mortgagor and guarantor. photocopies of identification documentation produced by individual mortgagors or guarantors
Do not send
For corporations or entities other than a corporation, we require that you:
A: confirm the existence of the corporation, its name and address, and the names of its directors, by referring to its certificate of corporate status, and/or to a record that the corporation is required to file annually under the applicable securities legislation that ascertains its existence as a corporation; OR confirm the existence of the entity by referring to its partnership agreement, articles of association or other similar record that ascertains its existence.
In either case, if the record is in paper form, the record or a copy of it, is to be sent to us with your final report. You may refer to an electronic record only if it is obtained from a source that is accessible to the public, and the particulars of the electronic record are to be recorded on the IVF in the manner set out therein; AND
ascertain the identity of each authorized signing officer who executes the mortgage, in the manner described in paragraph (1) above for individual mortgagors and guarantors. Where a corporation or other entity has more than three signing officers, you are not required to ascertain the identity of more than three of the signing officers who execute the mortgage.
For trustees, estates, or where the mortgage is to be executed under power of attorney, we require that you immediately advise the Regional Office and no funds are to be disbursed until further written instructions are received from us.
Each mortgagor, guarantor and signing officer must be physically present when you ascertain his or her identity. If you are not able to ascertain the identity of each mortgagor and guarantor in the manner set out above, you must immediately advise the Regional Office and no funds are to be disbursed until further written instructions are received from us.
are required to return the following as part of the Solicitor’s Final Report: (i) in all cases, the fully completed IVF, and
(ii) if you relied upon paper document(s) to ascertain the identity of any mortgagor or
or other entity, documentation
the original or a copy produced by individual
of the paper record(s). mortgagors or guarantors.
guarantor which is a corporation photocopies of identification
PRECONDITION TO DISBURSEMENT OF FUNDS
In addition to the foregoing, if the Mortgage Approval document provides that you must fax the fully completed IVF to us before the disbursement date, you must do so no later than 48 hours before the disbursement date. You must not disburse funds until we have received and approved the fully completed IVF and you have received authorization by fax from us to release the funds.
For all mortgages executed under power of attorney, for all transactions involving a private sale and for all mortgages secured by property on private leasehold land in Campbellton, New Brunswick, we require a lender’s title insurance policy issued by a title insurance company that has been approved by us and you must use Option 2. For all other transactions, you must choose either Option 1, 2 or 3, as applicable.
OPTION 1 It is your responsibility to ensure that:
the mortgagor has good and marketable title to the mortgaged lands and premises described in our Mortgage Approval (the “Property”) and that the mortgage is registered in the proper Land Registry or Land Titles Office and is a valid first charge on the Property, subject to only those matters approved by us prior to registration of the mortgage;