Purchase Money Mortgage Agreement for Canada

Purchase Money Mortgage Agreement Template for Canada

A Purchase Money Mortgage Agreement is a specialized financing document used in Canadian jurisdictions where the seller of a property provides direct financing to the buyer for the purchase. This agreement outlines the terms and conditions of the mortgage, including the loan amount, interest rate, payment schedule, and security interests. It must comply with Canadian federal legislation such as the Interest Act and Bank Act, as well as applicable provincial property and consumer protection laws. The document includes specific provisions for property security, default remedies, and mandatory disclosures required under Canadian mortgage regulations.

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What is a Purchase Money Mortgage Agreement?

The Purchase Money Mortgage Agreement is a crucial document in Canadian real estate transactions where traditional bank financing is not used, and the property seller provides direct financing to the buyer. This arrangement is common in situations where buyers may not qualify for conventional mortgage financing or when sellers wish to generate ongoing income through interest payments. The agreement must comply with Canadian federal legislation including the Interest Act and Bank Act, as well as provincial property laws and consumer protection regulations. The document typically includes detailed terms about the loan amount, interest rate, payment schedule, security provisions, default remedies, and property maintenance requirements. Purchase Money Mortgage Agreements are particularly important in private sales, commercial real estate transactions, and property development projects where seller financing provides flexibility in deal structuring.

What sections should be included in a Purchase Money Mortgage Agreement?

1. Parties: Identification of the mortgagor (borrower) and mortgagee (lender), including full legal names and addresses

2. Background: Context of the transaction, including the purchase of the property and the agreement to provide purchase money financing

3. Definitions: Key terms used throughout the agreement, including Property, Principal Amount, Interest Rate, and Payment Terms

4. The Loan: Details of the loan amount, purpose, and disbursement conditions

5. Interest Rate and Payment Terms: Specification of interest rate, calculation method, payment amounts, frequency, and due dates

6. Security: Description of the property being mortgaged and confirmation of the security interest

7. Property Details: Legal description of the property and any included fixtures or improvements

8. Borrower's Covenants: Promises and obligations of the borrower, including property maintenance, insurance, and tax payments

9. Representations and Warranties: Statements of fact by the borrower regarding their ability to enter into the agreement and the status of the property

10. Default and Remedies: Events constituting default and the lender's rights and remedies upon default

11. Insurance Requirements: Specific insurance obligations and requirements for the property

12. Property Taxes: Obligations regarding payment of property taxes and any tax escrow requirements

13. Assignment and Transfer: Terms governing the transfer or assignment of the mortgage by either party

14. Notice Requirements: How and where formal notices must be given between parties

15. General Provisions: Standard contract clauses including governing law, severability, and entire agreement

What sections are optional to include in a Purchase Money Mortgage Agreement?

1. Guarantor Provisions: Required when there are third-party guarantors for the mortgage obligation

2. Prepayment Privileges: Details of any special prepayment rights or programs offered to the borrower

3. Property Management: Required for commercial properties or when specific management obligations are imposed

4. Environmental Matters: Required for commercial properties or when environmental concerns exist

5. Construction Provisions: Required when the property is under construction or significant renovations are planned

6. Rental Provisions: Required when the property includes rental units or will be used as a rental property

7. Condominium Provisions: Required when the mortgaged property is a condominium unit

8. Future Advances: Required when the mortgage may secure future loans or advances

9. Cross-Collateralization: Required when multiple properties secure the loan or multiple loans are secured by the property

What schedules should be included in a Purchase Money Mortgage Agreement?

1. Schedule A - Legal Description: Detailed legal description of the mortgaged property

2. Schedule B - Payment Schedule: Amortization schedule showing payment amounts, dates, and allocation between principal and interest

3. Schedule C - Permitted Encumbrances: List of approved existing liens, easements, or other encumbrances on the property

4. Schedule D - Insurance Requirements: Detailed specifications for required insurance coverage

5. Schedule E - Standard Charge Terms: Standard mortgage terms and conditions as required by provincial legislation

6. Appendix 1 - Property Condition Report: Detailed description of the property's condition at the time of mortgage

7. Appendix 2 - Cost of Borrowing Disclosure: Federally required disclosure of all borrowing costs and APR calculations

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 Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Banking & Financial Services

Insurance

Legal Services

Property Development

Mortgage Lending

Construction

Property Management

Real Estate Investment

Relevant Teams

Legal

Real Estate

Mortgage Operations

Risk Management

Compliance

Credit Analysis

Property Management

Investment

Document Management

Real Estate Operations

Relevant Roles

Real Estate Lawyer

Mortgage Specialist

Property Manager

Real Estate Agent

Financial Advisor

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Real Estate Developer

Investment Manager

Property Developer

Title Officer

Mortgage Underwriter

Real Estate Investment Manager

Industries
Interest Act (R.S.C., 1985, c. I-15): Federal legislation that regulates how interest is calculated and disclosed in mortgage agreements, including rules about annual interest rate statements and prepayment privileges
Bank Act (S.C. 1991, c. 46): Regulates banking activities in Canada, including mortgage lending practices and requirements for federally regulated financial institutions
Personal Property Security Act (Provincial): Provincial legislation governing the registration and enforcement of security interests in personal property, which may be relevant if additional security is included in the mortgage
Land Titles Act (Provincial): Governs the registration and transfer of real property interests, including mortgages, in the provincial land titles system
Mortgages Act (Provincial): Provincial legislation that sets out the basic rights and obligations of mortgagors and mortgagees, including default and enforcement provisions
Consumer Protection Act (Provincial): Provides protection for consumers in financial transactions, including disclosure requirements and cooling-off periods
Cost of Borrowing (Banks) Regulations (SOR/2001-101): Federal regulations requiring specific disclosures about borrowing costs, interest rates, and other charges in mortgage agreements
Real Property Act (Provincial): Governs real estate transactions and property rights, including the creation and enforcement of mortgages
Statute of Frauds (Provincial): Requires certain contracts, including those involving real property, to be in writing and meet specific formality requirements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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