Real Estate

Land Title Encumbrance?

  • Last Updated:
  • Jul 25th, 2021 6:01 pm
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[OP]
Newbie
Nov 19, 2017
29 posts
12 upvotes
Edmonton

Land Title Encumbrance?

A house for sale with land title encumbrance, a big new mortgage just from 6 months. The house has been owned by the seller for 15 years and he paid off the original mortgage. He received a new mortgage which is nearly double the original purchase price.
Questions:
- Can the seller offer a house for sale while the house has a mortgage on the land?
- When I buy the house, does this mortgage transfer under my name? or it stays under his name?
- What about my mortgage? Can we have two mortgages on the same land title? Each is $700K while the house itself is $750K?
Last edited by trueorfalse on Jul 25th, 2021 6:02 pm, edited 2 times in total.
8 replies
Deal Fanatic
Jul 3, 2011
6517 posts
3793 upvotes
Thornhill
It's your Realtor's or lawyer's job to answer this question for you.
Deal Addict
Jan 17, 2006
2447 posts
2651 upvotes
Toronto
licenced wrote: It's your Realtor's or lawyer's job to answer this question for you.
That is what forums and internet for to ask questions so someone can answer before you even go to lawyer and maybe it will save you trip to lawyer and money.
I am tired of answers like that if you can not answer it just keep reading and don't waste digital space with answer like that.
Don't even mention realtors , most are just capable collecting buyers commission and you can't expect much from them.
Deal Fanatic
Mar 27, 2004
8863 posts
7055 upvotes
Toronto
that's what the title search is for.
if there are issues you do not close
Full-time Realtor
Deal Addict
Mar 2, 2017
3510 posts
6819 upvotes
Toronto/Markham
trueorfalse wrote: A house for sale with land title encumbrance, a big new mortgage just from 6 month. The house owned by the seller for 15 years and the mortgage is nearly double the seller original purchase price. Can the seller offer a house for sale with a mortgage on the land? When I buy the house, does this mortgage transfer under my name? Can the seller promise to remove it from the land title then break his promise? Can the seller leave the country with my money and suing him does not have a value?
This post is super confusing, is your question simply if you can buy a home with a mortgage on it?

There is a mortgage that's double the original value from 15 years ago? So a 200k house worth 800k now has a 400k mortgage? Confusing AF
RE Broker
Deal Fanatic
Jul 3, 2011
6517 posts
3793 upvotes
Thornhill
ilim wrote: That is what forums and internet for to ask questions so someone can answer before you even go to lawyer and maybe it will save you trip to lawyer and money.
I am tired of answers like that if you can not answer it just keep reading and don't waste digital space with answer like that.
Don't even mention realtors , most are just capable collecting buyers commission and you can't expect much from them.
I frankly don't care what you're tired of. You can click on my name and block me so that you don't ever have to see my answers. The point is clear - whether you like realtors or not - they hire one or a lawyer to actually guide them through the process, they don't hire them to be seeking free information on a real estate transaction they've made or is contemplating making.

This question of OPs is a simple and essential understanding of what happens when real estate is transfered to the buyer. If they are asking it here and not of their realtor or lawyer they're confused as all hell as to the process.
Sr. Member
Dec 3, 2019
561 posts
525 upvotes
Ontario
Never give any money directly to the seller. To complete the purchase you will need a lawyer.

The lawyer will do a search for liens on the property which will show things like mortgages.

The lawyer will not just give all the money to the seller. They will disburse the money to who ever registered the liens on the property first and only after give the rest to the seller.
Deal Addict
User avatar
Nov 30, 2005
1884 posts
1459 upvotes
Ottawa, ON
What is your concern exactly? Probably 95 percent of homes have mortgages on them. When you buy the home, the balance is not transferred to you if thats what you are asking.
[OP]
Newbie
Nov 19, 2017
29 posts
12 upvotes
Edmonton
buysellbuy wrote: The lawyer will do a search for liens on the property which will show things like mortgages.
The lawyer will not just give all the money to the seller. They will disburse the money to who ever registered the liens on the property first and only after give the rest to the seller.
Thank you! This what I was exactly looking for.

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