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» Additional Instructions to Lawyers/Notaries
» News & Information (April 8, 2024)
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Personal Mortgages - Documents for Lawyers and Notaries

News & Information

 

NOTICE: As a reminder for all non-Dye and Durham members, in order to ensure funds are delivered on time Adobe Software is required to generate a Request For Funds and the RFF must include a bar code. Please refer to the News & Information tab for further instructions.


NOTICE: Due to the expected Bank of Canada rate increases in 2022 we anticipate an increase in changes to mortgage instructions after each rate increase announcement and prior to closing of the transaction. As such, it may be necessary for RBC to re-issue mortgage instructions due to changes in the interest rate and amortization period which will need to be disclosed to the client. Revised instructions will only be sent if they are required. You do not need to call RBC to find out if new instructions are required.

April 8, 2024

Please note changes to our general instructions for both conventional and collateral mortgages now require that:

  • Once the Cost of Borrowing Disclosure is signed by the mortgagor, you must return as signed copy to us no later than 30 days from the date of closing;
  • Provide to us a copy of the Statement of Adjustments

You may do both of these actions at the same time as making the Request for Mortgage Funds.


July 17, 2023

The following General Instructions to Notaries and Lawyers were updated to reflect the changes as noted on the June 1, 2023, message.

  • 04180 - Quebec and New Brunswick
  • 54180 - Quebec and New Brunswick
  • 03915 - Quebec and New Brunswick
  • 53915 - Quebec and New Brunswick

June 13, 2023

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June 1, 2023

Effective, Thursday, June 1, 2023

  1. Bill 96
    1. English Forms of Quebec Hypothecs submitted for registration on or after September 1, 2022 (Québec only): We confirm that the French version included in any English Deed of Hypothec provided by us constitutes the faithful translation into French of the English Deed of Hypothec, except for the language section, which is omitted in the French version.

    2. Requirement with respect to An Act Respecting French, the Official and Common Language of Québec (Québec only) Effective as of June 1, 2023, if any of the forms to be downloaded are provided to you in French and English, please ensure that you remit to the Grantor and, if applicable, Guarantor the blank French version of the form, before the Grantor and, if applicable, the Guarantor sign the English version of such form.

  2. The address for the Quebec Personal Service Centre has been changed to 1 Place Ville Marie, 2nd Floor, West Wing, Montreal, Québec H3B 4S6.

The following General Instructions to Notaries and Lawyers will be updated in due course.

  • 04180 - Quebec and New Brunswick
  • 54180 - Quebec and New Brunswick
  • 03915 - Quebec and New Brunswick
  • 53915 - Quebec and New Brunswick

March 27, 2023

Effective, Monday March 27, 2023, the address for the Quebec Personal Service Centre has been changed to 1 Place Ville Marie, 2nd Floor, West Wing, Montreal, Québec H3B 4S6.

Please note that only the civic address has changed. The notice of address number remains unchanged.

The following General Instructions to Notaries and Lawyers will be updated in due course.

  • 04180 - Quebec and New Brunswick
  • 54180 - Quebec and New Brunswick
  • 03915 - Quebec and New Brunswick
  • 53915 - Quebec and New Brunswick

February 06, 2023

  1. The General Instructions to Lawyers have been amended to include a new clause under the section Identification of the Parties relating to the Prohibition on the Purchase of Residential Property by Non-Canadians Act, S.C. 2022, c. 10, s.235. It outlines the responsibility of the lawyer/notary to obtain on closing a statutory declaration from the purchaser(s) confirming their eligibility to purchase the property under the legislation. The following forms have been updated.
  2. Effective immediately, the General Instructions to Lawyers for mortgages where the property is "held in trust" have been amended under section 5 "Insurance" which covers the issue of required insurance, this includes a new clause "If the property is held "in trust", ensure that the policy lists the registered and beneficial owners of the property as co-insured's".

General Instructions to Lawyers Amended:

  • 04180 - All Provinces except Quebec and New Brunswick
  • 04180 - Quebec and New Brunswick
  • 54180 - Quebec and New Brunswick
  • 03915 - All Provinces, except Quebec and New Brunswick
  • 03915 - Quebec and New Brunswick
  • 53915 - Quebec and New Brunswick

January 23, 2023

Effective January 23rd 2023, when preparing the required documents for a conventional mortgage where the title holder is a corporation, the Specific Instructions for all Residential Mortgages/Hypothecs (Form 3322) / Instructions particulières pour toutes les hypothèques résidentielles (Form 53322) may not include all borrower names due to a system limitation. As a result please review the Approval of Mortgage and Cost of Borrowing Statement of Disclosure (COB) and include in the mortgage the name(s) of all borrower(s)/guarantor(s) indicated on the document.


December 5, 2022

Effective January 1, 2023, the General Instructions to Lawyers have been amended to include a new clause under the section "Identification of the Parties". The clause refers to the Purchase of Residential Property by Non-Canadians Act, S.C. 2022, c. 10, s. 235. It outlines the responsibility for determining the applicability of the Act and its regulations to a particular transaction that rests with the lawyer or notary acting for the purchaser of the residential property:

  • 04180 - All Provinces except Quebec and New Brunswick
  • 04180 - Quebec and New Brunswick
  • 54180 - Quebec and New Brunswick
  • 03915 - All Provinces, except Quebec and New Brunswick
  • 03915 - Quebec and New Brunswick
  • 53915 - Quebec and New Brunswick

October 24, 2022

Quebec only: Our mortgage instructions have been updated to reflect changes to the laws of the Province of Quebec. Please continue to temporarily register the Deeds of Hypothec directly with the provincial registry and not through the Assyst Real Estate platform. All other functions are to be completed normally on the Assyst Real Estate platform. We are working with Assyst Real Estate to have the new Deeds of Hypothec available to you on that platform as soon as possible.

We thank you for your cooperation in managing this change.


September 1, 2022

  1. English Forms of Quebec Mortgages submitted for registration on or after September 1, 2022: If our mutual client is granting a Mortgage on a property located in Quebec and wishes to sign the English Language Mortgage form, please make sure you use the most recent version of the applicable English Deed of Hypothec found on our legal documents website at www.rbcroyalbank.com/legalforms. Our English forms of Deeds of Hypothec have been updated to comply with the laws of the Province of Quebec by including a French version of the Deed of Hypothec after the English version. The English language Hypothec form must be registered by way of an Extract of the French version contained within the English Deed of Hypothec. If the client will be signing the English Deed of Hypothec, please ensure you complete the English sections of the Deed in English, and the French sections of the Deed in French.

    For purposes of completing the French extract within an English language Mortgage in Quebec in favour of Royal Bank of Canada, the MORTGAGEE NAME is Banque Royale du Canada.
  2. Quebec Deeds of Movable Hypothec (Form 805) signed in English to be registered at the RPMRR as of September 1, 2022: Where our mutual client is also signing a Quebec Deed of Movable Hypothec (Form 805) in English, the registration of such hypothec at the Register of Personal and Movable Real Rights (the "RPMRR") will have to be made entirely in French. The description of the home will have to appear in French in the RPMRR registration and the following text in English appearing in section 1.2(a)(4) of Form 805:

    "present and future rights and claims under insurance policies covering the property described (…)"

    will have to be translated into French as follows for purposes of the RPMRR registration:

    "les droits et indemnités d’assurance, présents et à venir, couvrant les biens décrits (…)."

  3. Temporarily you will be required to register the Deeds of Hypothec directly with the provincial registry and not through the Assyst Real Estate platform. All other functions are to be completed normally on the Assyst Real Estate platform. We are working with Assyst Real Estate to have the new Deeds of Hypothec available to you on that platform as soon as possible.

    We thank you for your cooperation in managing this change.

March 7, 2022

As of February 28, 2022, RBC will no longer accept faxed or emailed requests for payout statements and/or discharge/transfer requests. As of this date, our fax number and email address for these requests will no longer be operative and your request will not be received by RBC. Please submit all requests for payout statements and/or discharges/transfers via the Mortgage Statement and Discharge/Transfer Portal using the link below. There are no new or additional fees payable to submit requests via this portal: https://payout.firstcdn.com/Profile/Login.aspx


February 28, 2022

Effective February 28, 2022, the General Instructions to lawyers have been amended to reflect the change/addition below where applicable:

  • 04180 - All Provinces except Quebec and New Brunswick
  • 04180 - Quebec and New Brunswick
  • 54180 - Quebec and New Brunswick
  • 03915 - All Provinces, except Quebec and New Brunswick
  • 03915 - Quebec and New Brunswick
  • 53915 - Quebec and New Brunswick
  1. RateCapper & Self Directed RRSP: References to RateCapper Mortgages & Self Directed RRSP have been removed as these product are no longer offered by RBC.
  2. Disbursement of Funds: This section has been updated to clarify that RBC only originates mortgages through its proprietary channels and does not work through mortgage brokers. As such, RBC Royal Bank mortgage funds are not to be disbursed to a mortgage broker.

August 23, 2021

NOTICE: Due to the recently announced National Day for Truth and Reconciliation for federally regulated workers that will be observed as a statutory holiday on September 30, Payments Canada has announced the closure of the payments system on September 30th. As such, RBC will not accept any new transactions closing September 30, 2021. Please amend closing dates to a standard business day. For transactions which may have already been submitted and approved by RBC, please work on a best efforts basis with clients to amend the closing date to a standard business day.


July 19, 2021

Effective July 19, 2021 please note we have implemented changes to how to make a mortgage statement and discharge/transfer request. Please visit the Mortgage Statement and Discharge/Transfer Portal link under the Quick Links section located on the left hand ribbon of this page for all the important details.


March 31, 2021

Effective March 31, 2021 the following General Instructions to Lawyer/Notary have been amended to reflect the change/addition below where applicable:

  • 04180 - All Provinces except Quebec and New Brunswick
  • 04180 - Quebec and New Brunswick
  • 54180 - Quebec and New Brunswick
  • 03915 - All Provinces, except Quebec and New Brunswick
  • 03915 - Quebec and New Brunswick
  • 53915 - Quebec and New Brunswick

The section Corporation As Mortgagor has been amended to exclude as co-borrowers/ guarantors any shareholders who are minors on the date of the transaction.


December 17, 2020

Change to deed of hypothec securing an RBC Homeline Plan:

Changes to the Regulation respecting land registration will come into force on February 1, 2021. In anticipation of this change you are instructed to make the following change to the Deed of Hypothec, Form 4165/54165:

  • In section 2.1, in the paragraph describing the secured obligations for hypothecs securing an RBC Homeline Plan, delete the following words: and referenced with your RBC Homeline Plan Number (#), as such number may be replaced or amended from time to time.

Consequently, please disregard section 1(p)(2) of our Specific Instructions Notary, 2nd bullet point, regarding the Homeline Plan Number.

The Deed of Hypothec, Form 4165/54165, and our Specific Instructions to Notary, will be updated in due course.


July 23, 2020

Effective immediately, the following client acknowledgement letters are required as part of the final report supporting documents:

  • Construction Homeline Plan - Client Acknowledgement - Form 310007
  • PPI - Mortgage - Client Acknowledgement - Form 310017
  • PPI - Homeline Plan Client Acknowledgement - Form 310019

If any of the above documents are included in the document package, please ensure you return the documents with the final document package. Our instructions to lawyers will be updated in due course to include this final report requirement.


July 5, 2020

Effective July 5, 2020, there are multiple changes made on leasehold mortgages on First Nation Lands or non-First Nation Lands, as a result, the General Instructions to Lawyer/Notary have been updated:

3915 (05-10-2020) - General Instructions to Lawyer/Notary - Collateral Mortgages/Hypothecs - All Provinces, Except Quebec and New Brunswick

3915/53915 QC/NB (05-10-2020) - General Instructions to Lawyer/Notary - Collateral Mortgages/Hypothecs Quebec and New Brunswick Only

  • Section 2c has been updated to indicate a lender’s title insurance policy from a title insurer is required for leasehold mortgage on non-First Nation land
  • Section 10 has been updated to indicate if this is a Homeline Plan or Collateral Mortgage, the remaining term of the lease must be 35 years or greater

4231/54231 (05-10-2020) – Additional Instructions to Lawyer Leasehold Mortgages on Indian Lands

  • Section 1 has been updated to indicate if this is a Homeline Plan or Collateral Mortgage, the remaining term of the lease must be 35 years or greater
  • Section 3 has been updated to include Chicago Title Insurance as the approved title insurer for leasehold mortgages on Indian Lands

4180 (05-10-2020) – General Instructions to Lawyer/Notary – Residential Mortgages/Hypothecs – All Provinces, Except Quebec and New Brunswick

4180 / 54180 QC/NB (05-10-2020) – General Instructions to Lawyer/Notary – Residential Mortgages/Hypothecs – Quebec and New Brunswick Only

  • Section 2b has been updated to indicate a lender’s title insurance policy from a title insurer is required for leasehold mortgage on non-First Nation land

June 10, 2019

Effective Monday, June 10, 2019, Royal Bank of Canada mortgages must identify if they secure an RBC Homeline Plan. As a result, the General Instructions to Lawyer/Notary and all collateral mortgage forms have been updated.

3915 (06-09-2019) - General Instructions to Lawyer/Notary – Collateral Mortgages/Hypothecs – All Provinces, Except Quebec and New Brunswick

3915/53915 QC/NB (06-09-2019) – General Instructions to Lawyer/Notary – Collateral Mortgages/Hypothecs Quebec and New Brunswick Only

  • In all provinces except Quebec, lawyers and notaries must select between a mortgage which secures all obligations or a mortgage which secures an RBC Homeline Plan. Changes have been made in Section 3, "Mortgage Preparation", for all provinces and/or territories.
  • B.C. - Also in the General Instructions to Lawyer/Notary for all provinces, there is a new attachment 1 at the end of the Form 3915 (06-09-2019) General Instructions which provides instructions to complete the British Columbia Form E schedule.
  • For Quebec, for hypothecs granted to secure an RBC Homeline Plan, notaries must use the Deed of Hypothec – Specific Indebtedness Form 4165/54165 (06-09-2019). Changes have been made to the General Instructions to Lawyer/Notary, Section 3, "Mortgage Preparation"

Mortgage Forms:

Amendments have been made to mortgages and to standard charge terms (where applicable). These changes include provisions for mortgages securing an RBC Homeline Plan Agreement, and a new clause in the "Enforcing our rights" (in Quebec, "Defaults") section

Quebec

  • If the hypothec secures an RBC Homeline Plan: You must use deed of hypothec Form 4165/54165 (06-09-2019). In section 2 ("Secured Obligations"), subsection 2.1 ("Description"), there is a new paragraph for RBC Homeline Plan. Three new fields must be entered
    • RBC Homeline Plan limit
    • Date the client signed the RBC Homeline Plan Agreement
    • RBC Homeline Plan account number
  • If the hypothec secures obligations other than under an RBC Homeline Plan: All mortgages on immovable property in Quebec must use the deed of hypothec Form 4165/54165 (06-09-2019) for variable rate or Form 3923/53923 (09-15-2006) for fixed rate in the following circumstances:
    • The hypothecary debtor is a natural person
    • The deed of hypothec will be registered and the loan advanced, or the suretyship signed, on or after August 1, 2019.
    • In Section 2 ("Secured Obligations"), subsection 2.1 ("Description"), select the appropriate paragraph (Loan, Line of Credit or Suretyship) and insert details of the specific obligations secured by the deed of hypothec

For all provinces and territories, except Quebec:

Changes include a distinction between a mortgage that secures all obligations, and a mortgage that secures an RBC Homeline Plan. When preparing the mortgage the lawyer must select the appropriate paragraph. Please use the mortgage forms having a revision date of (06-09-2019) which will be available on our website on June 10, 2019. For provinces with standard charge terms, please note the new filing number.

In addition:

Alberta Form 3928 (06-09-2019) - Collateral Mortgage Prime Rate - A new Schedule A has been added to disclose whether the mortgage secures all obligations or RBC Homeline Plan

New Brunswick Form 3951/53951 (06-09-2019) – Collateral Mortgage – Form 15.1 – Prime Rate – Schedule D has been updated to select and disclose whether the mortgage secures all obligations or RBC Homeline Plan

Ontario Form 3952 (06-09-2019) – Schedule of Additional Terms – Prime Rate – Amendments to disclose whether the mortgage secures all obligations or RBC Homeline Plan

Archive

 
03/31/2024 17:12:43