Execution Search

A search of Executions is completed in the appropriate Sheriffs Office to ensure that there are no executions against the vendor or prior owners of the property that would affect your title. Executions are filed by Creditors against Debtors when a Judgment in court awards the Creditor an amount to be paid by the Debtor. Executions are also searched against purchasers when the purchase is being financed by means of a mortgage.

Your lawyer usually will be acting on your behalf as purchaser and on behalf of the mortgagee. He must also ensure that the mortgagee will have a good and valid mortgage registered on title and that there are no executions against you as mortgagor that would affect the mortgagee's interest in title.

Executions are searched prior to the Date for Requisitions and again on the day of closing. The Sheriffs Office charges $11.00 per name (Ontario) to search executions and these fees are paid by your lawyer on your behalf and shown as disbursements on your account.

If a match is found (i.e. someone else with the same or similar name has a judgement against them) the lawyer may have to conduct further investigations to confirm, for example, that you are not the same person as the one named in the judgement. This may result in extra expense to you (less likely in a Title Insured transaction because the policy allows for some risk).

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