Mortgage Closing Disclosure Form for Canada

Mortgage Closing Disclosure Form Template for Canada

The Mortgage Closing Disclosure Form is a standardized document used in Canadian residential mortgage transactions that provides a detailed breakdown of the final terms, costs, and conditions of a mortgage loan. Governed by federal regulations including the Bank Act and Cost of Borrowing Regulations, as well as provincial consumer protection laws, this document ensures transparency in mortgage transactions by clearly presenting all costs, fees, and terms to the borrower. It serves as a critical final disclosure that must be provided to borrowers before closing, containing comprehensive information about loan terms, projected payments, closing costs, and other essential details of the mortgage agreement.

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What is a Mortgage Closing Disclosure Form?

The Mortgage Closing Disclosure Form is a mandatory document in Canadian residential mortgage transactions, designed to provide borrowers with a clear and detailed understanding of their mortgage terms and costs before closing. This form must be provided to borrowers within a specified timeframe before the closing date, as required by federal and provincial regulations. The document includes comprehensive information about the loan terms, interest rates, payment schedules, closing costs, and other fees associated with the mortgage. As a final disclosure document, it helps ensure compliance with Canadian consumer protection laws and banking regulations, while promoting transparency in mortgage lending. The form is particularly important as it allows borrowers to make informed decisions by comparing their final loan terms with their initial loan estimate and understanding the total cost of their mortgage.

What sections should be included in a Mortgage Closing Disclosure Form?

1. Loan Terms: Essential details about the loan including loan amount, interest rate, loan term, purpose of loan, and product type

2. Projected Payments: Breakdown of monthly payments including principal, interest, mortgage insurance, and estimated escrow

3. Costs at Closing: Summary of total closing costs and estimated cash needed to close

4. Closing Cost Details: Itemized list of all closing costs including loan costs, other costs, and prepaids

5. Loan Calculations: Total of payments, finance charge, amount financed, APR, and total interest percentage

6. Transaction Information: Basic information about the borrower, seller, lender, property, and loan ID

7. Declarations: Required statements and confirmations about the loan terms and borrower's rights

8. Contact Information: Details for all relevant parties including lender, mortgage broker, and settlement agent

What sections are optional to include in a Mortgage Closing Disclosure Form?

1. Variable Rate Information: Required for variable rate mortgages, detailing how the rate can change and maximum rate limits

2. Mortgage Insurance Information: Required when mortgage insurance is applicable, detailing premium amounts and terms

3. Escrow Account Information: Required when an escrow account is established, showing estimated payments for taxes and insurance

4. Partial Payment Policy: Required when lender has specific policies about handling partial payments

5. Negative Amortization: Required for loans that may have negative amortization, explaining the risks and implications

6. Construction Loan Information: Required for construction mortgages, detailing draw schedules and construction terms

What schedules should be included in a Mortgage Closing Disclosure Form?

1. Schedule A - Property Description: Legal description of the property being mortgaged

2. Schedule B - Itemized Closing Costs: Detailed breakdown of all closing costs and fees

3. Schedule C - Loan Calculations: Detailed mathematical calculations for loan terms, including amortization schedule

4. Schedule D - Adjustable Rate Mortgage Information: Details of rate adjustments and caps for variable rate mortgages

5. Appendix 1 - Additional Disclosures: Supplementary disclosures required by federal or provincial law

6. Appendix 2 - Borrower's Rights: Detailed explanation of borrower's rights and remedies under applicable laws

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions
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Banking

Real Estate

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Mortgage Loan Officer

Real Estate Attorney

Compliance Officer

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