Mortgage and refinancing with a notary in Laval
Whether you are financing a purchase or refinancing your property, the mortgage security has to be put in place carefully. We prepare the mortgage deed, carry out the necessary checks and coordinate repayments and discharges.
What the notary does
The notary drafts the mortgage deed according to your lender's instructions, explains its content, has it signed and registers it at the Québec land register. A hypothec on real property must be created by notarial deed en minute to be valid. It must then be registered at the land register to be enforceable against third parties.
In a refinancing, the notary verifies the hypothecs and other charges registered against the property and takes the necessary steps to obtain and register the required cancellations in respect of the creditors who must be repaid. The notary coordinates the repayment of the loans or hypothecs to be discharged using the new loan funds.
We can also assist you with a private loan secured by a hypothec on real property.
When to contact us
- You are buying a property and your lender asks you to sign a mortgage deed.
- You are refinancing your property, for example to change lender or adjust the amount borrowed.
- You have finished repaying a loan and need the discharge to have the hypothec removed.
- You are considering a private loan and want to understand the protections to put in place.
The main steps
Receiving instructions
We receive your lender's instructions and your contact details.
Checks
Examination of title and the charges registered against the property.
Preparing the deed
Drafting the mortgage deed.
Signing
The deed is read with you and signed before the notary.
Registration, repayments and discharges
Registration at the land register, repayment of the creditors to be discharged and follow-up of the discharges.
The exact sequence may vary depending on your file and your lender.
What to prepare
- Valid identification, such as a passport or a driver’s licence.
- Your lender's offer or commitment letter, or your mortgage broker's contact details.
- For a refinancing: a recent statement of existing loans and hypothecs.
- Your title deed (purchase deed) and certificate of location, if you have them.
- Any additional documents your lender requests.
What is a discharge of hypothec (quittance)?
Full repayment of a mortgage loan does not automatically remove the hypothec’s registration from the land register. A discharge or another appropriate cancellation procedure must allow the registration to be cancelled so that the land register reflects the extinction of the right.
When should I consult a notary about a refinancing?
If possible before committing to the lender, or as soon as you receive the lender's offer, so there is time to carry out the checks.
What should I bring to the signing appointment?
Valid identification and the documents on the list we send you when your appointment is confirmed.
Do you also assist with private loans?
Yes, we can assist the parties in a private loan secured by a hypothec. Contact us to discuss your situation.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.
Related services
Your notary in Laval
Groupe Synergie Notaires is located at 67 boulevard Samson, in Laval (Sainte-Dorothée). The firm is led by Me Mirabela Petrulian, notary.
About Me Petrulian →Directions and opening hours →Guides to learn more
All guides →Mortgage Financing: The Notary's Role
Your Laval notary plays a key role in mortgage financing: title examination, secure fund management, and expert guidance through refinancing.
Mortgage Refinancing: When to Consult a Notary
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Discharge of Hypothec: When and Why You Need One
Paying off your mortgage doesn't automatically clear your property from the registry. Learn why registering your discharge of hypothec is essential.
Private Real Estate Loans: Risks and Notarial Protections
Private real estate loans carry real risks for both borrowers and lenders. Learn how a notary protects your transaction in Laval.
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