Tony was one happy Realtor the day he completed a double-ender.
It involved a listing that he thought would take much longer
to sell. Even better, both deals were set to close in two weeks!
What
Tony did not know that day was that lurking in the bowels
of the "purchase" was a title problem. The Vendors
of the property Tony's clients were buying, years ago had
paid off their mortgage with Central Guaranty trust. They
remember receiving a Discharge of the mortgage but never got
around to actually registering it. Over the years the signed
Discharge was lost.
The
Vendors always figured that when they sold the property they
could call Central Guaranty and get another signed copy of
the Discharge. What they did not count on was that Central
Guaranty is no longer in existence, having long ago been sold.
Shortly after receiving the two files, we called Tony and
the clients to explain to them the problem involving the undischarged
old mortgage. The only way to get that mortgage off title
is to obtain a court order. Because of the time needed to
do that, ordinarily, there was no way their deal could close
on time. The clients were worried because they had committed
to sell their existing home. If the purchase would not close
on time, where would they live?
We
told everyone to relax. Because we, at Korman & Associates (The Deal Savers!) always recommend a policy of Title
Insurance from First Canadian Title on every purchase transaction,
we said there might be a way to solve the problem. It turned
out that while the vendors did not have the signed mortgage
discharge, they did have evidence of the mortgage being paid
off through their banking records. We were successful in obtaining
coverage and were able to get the deals closed on time, allowing
the vendor's lawyer time after the closing to fix the problem.
Tony thought his lucky day was the day he finalized the double-ender.
In the end, he realized that his lucky day was the day he
recommended Korman & Associates (The Deal Savers'.) to
his clients.
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