Philippine Asian News Today Vol 21 No 3 | Page 10

IMMIGRATION & Mortgage 10 The Notary Corner By Editha Corrales Nelson Immigration Consultant, Notary Public, Mediation / Arbitrator Buying a home does not have to be painful. It is a very important and eventful time in life to finally own a home and to start investing in the future. Having someone you can trust assist you in this time will make it even better in the long run. Once your home has been selected and your mortgage has been approved, you should shop around for a reliable Notary Public who can assist you in ensuring that your new home is yours legally. Your local Notary Public can make it as painless as possible. She can explain all of the requirements and she can do all the work for you. You merely will need to see her once to finalize the documents and on the closing date, your home is yours. In this day and age, many new homeowners would like the special touches and the personal service in order that the new homeowner would be able to participate in every aspect of their new venture. The Notary Public will be able to discuss many aspects the new homeowner would require to know: Are you a first time 1. home buyer? You would be exempt from many fees that normally would be due from home buyers. The benefits of using 2. your RRSP as a new home buyer. Is the home new or 3. used? This would affect the GST imposed on the home. Are you a Canadian 4. Citizen or Permanent Resident? Real Estate MYLENE LIM Licensed Mortgage Specialist There are endless reasons why a relationship - be it a legal marriage or a common law partnership - fail. While no one ever wants this to happen, sometimes it is inevitable. With the break-up comes a lot of negotiating and settling of affairs. But one of the factors that would need to be immediately addressed is the home mortgage if there is one involved. In this scenario, how do lenders view the mortgage when the personal relationship between parties break? Lenders always take their cue from the agreement between the parties involved. If the couple decides to sell off the property, then the lender will get paid in full from the proceeds of the sale. However, in the option wherein one of the spouse/partner would get full ownership of the property, there are some technicalities involved in transferring or removing the other spouse/partner from the mortgage. Most lenders consider the transfer of property ownership as a sale rather than a refinance. What this means is that the existing mortgage would have to be paid out or one partner would have to assume the mortgage. In PHILIPPINE ASIAN NEWS TODAY February 1 - 15, 2019 Buying or Selling a Home The painless truth and consequence Again, this would have implications on further fees imposed by the government. Are you buying or 5. transferring the property from a relative? This would affect any taxes imposed. Are the home buyers 6. going to be acquiring the property as joint tenants or tenants in common? Are the home buyers 7. obtaining a mortgage? or a second? Is this a strata property? 8. There are other fees involved and imposed by the strata corporation. There may be some terms you may not be familiar with and some of these are defined below which I have compiled from real estate magazines, mortgage clauses, etc. These may be helpful for some of you who wish to start shopping for their first home or second or third: Realtors: Real estate professionals licensed by the Real Estate Council of B. C. who are members of the various Real Estate Boards and the British Columbia and Canadian Real Estate Associations. Only these professionals can call themselves REALTORS. Variable rate mortgage: A mortgage for which payments are fixed, but whose interest rate changes in relationship to fluctuating market interest rate. If mortgage rates go down, a larger portion of the payment is applied to the principal. Statements of Adjustment: Closing statements in a real estate transaction which set out the sources of funds which make up the purchase price, adjustment to and from the purchase price, the final amount required from the purchaser and the amount due to the seller. Principal: The mortgage amount initially borrowed or the portion still owing on the mortgage. Interest is calculated on the principal amount. Land Transfer Tax: Payment to the provincial government for transferring property from the seller to the buyer. Mortgage Insurance: Government-backed or private- backed insurance protecting the lender against the borrower’s default on high-ratio (and other type of) mortgages. Assessed Value: The value of a property, set by the B.C. Assessment Authority, and used by the local municipality for the purposes of calculating property tax. High-Ratio Mortgage: A mortgage that exceeds 75 per cent of the loan-to-value ratio; must be insured by either the Canada Mortgage and Housing corporation (CHMC) or a private insurer to protect the lender against default by the borrower who has less equity invested in the property. Adjustment Date: The day from which all calculations of interest, tax adjustment, utility bill adjustment (if applicable) are made to the credit of either the buyer or the seller. This is usually (but not always) the same as the possession date. Appraised Value: An estimate of a property’s market value, used by lenders in determining the amount of the mortgage. Appreciation: The increase in a property’s value over time. Rights of Way: Are indicated on title at the Land Title Office; often for use of utilities or city or municipality in order to make repairs to pipes, etc.; no permanent structure may be built on a right of way. Mortgage Prepayment Penalty: Is a feed paid by the borrower to the lender in exchange for being permitted to break a contract (a mortgage agreement); usually three months’ interest, but it can be higher or it can be he equivalent of the loss of interest to the lender. Conventional Mortgage: A first mortgage issued for up to 75 per cent of the property’s appraised value or purchase price, whichever is lower. Condominium Common Property, or Common Elements: The portions of a condominium development owned in common (shard) by the unit owners, e.g.: pool exercise room, lobby, etc. A strata fee is charged to every unit owner for the use of the common property. • Having an experienced and reliable Notary Public can assist you in acquiring your home in the best possible and informative and legal way bearing in mind the taxes or costs implications. What Happens To Your Mortgage When You Get Divorced? most cases, one partner will buy-out the ownership share of the property from the selling partner and in so doing take out the selling partner from the mortgage commitment as well as in the property land title. The advantage in the way the change of ownership is viewed by the lender in the breakup of mortgage due to a divorce or a separation is in the loanable amount available to the buying partner. Whereas in other refinance situations the maximum amount a lender will finance is 80% of the property value, in a divorce or separation, the maximum amount is 95%. Therefore theoretically, the buying partner would have access to 95% of the property value to pay out the share of the selling partner and hopefully have some extra funds left to take care of other expenses and obligations. The refinance approval is of course, subject to the buying partner being able to qualify for the new mortgage on his/her own. As is most cases, when ironing out the terms of the divorce (or dissolution of the relationship), the parties would have to consider child and spousal support (if any). Lender will take these into consideration when determining the mortgage amount the buying partner could qualify for. A portion of this extra money may be considered by a lender as an added income for the recipient of the support but would generally be deducted in full as a liability from the giver of the support. As well, lenders will generally tend to look at other joint debts and liabilities of the couple as obligations by both parties with no distinction as to which debt belongs to which partner. When ironing out the terms of the divorce (or dissolution of the relationship), the parties would have to consider child and spousal support (if any). For many lenders, they will determine what mortgage amount the “buyer” could qualify for when child and spousal support are factored in along with the income. Ideally, one way around child support is joint custody where it is shared 50/50 and no liability is imposed on either partner, therefore allowing both parties to maximize their purchasing capabilities as they move on with their lives. It is imperative that you have WWW.PHILIPPINEASIANNEWSTODAY.COM all these separation agreements to be legally recorded. Legal separation documents tell the lenders what you and your ex’s responsibilities are in a divorce or separation. Although some lenders would allow a statutory declaration citing what your responsibilities are (especially in cases of common law separations), most would be more comfortable where official legalities are observed when qualifying you for a mortgage. Please feel free to contact me if you have questions or if I could be of assistance to you. Cel: 604 783 9097/ Email: [email protected]/ Web: www.MyleneLim.ca/ FB: Mylene Lim