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The scope of the Act is extremely broad, as it is concerned with every transaction which in substance creates a security interest, without regard to its form and without regard to the person who has title to the collateral. There are small differences between the provinces as to how far this extends, but the concept is basically the same.
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the collateral [1]) which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations. [2]
The Mortgage Brokerages, Lenders and Administrators Act, 2006 (the Act) came into force on July 1, 2008, replacing Ontario's Mortgage Brokers Act, 1990, [1] and requires all individuals and businesses who conduct mortgage brokering activities in Ontario to be licensed. [2]
It means you need to have money on hand to get a mortgage. And like fine wine — the longer, the better. ... (2 years with exceptions); 2 years from discharge or 4 years from dismissal of Chapter ...
The full government guarantee extended to publicly securitized mortgage debt, and the low cost to lenders, means that there has been ongoing demand for the CMHC's securitization products. Today, CMHC holds a monopoly in the securitization of mortgage debt, and there is no viable private securitization market for mortgages in Canada. [42]
This was the mortgage by conveyance (aka mortgage in fee) or, when written, the mortgage by charter and reconveyance [8] and took the form of a feoffment, bargain and sale, or lease and release. Since the lender did not necessarily enter into possession, had rights of action, and covenanted a right of reversion on the borrower, the mortgage was ...
A mortgage can also be described as "a borrower giving consideration in the form of a collateral for a benefit (loan)". Mortgage borrowers can be individuals mortgaging their home or they can be businesses mortgaging commercial property (for example, their own business premises, residential property let to tenants, or an investment portfolio).
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