CMVR Notaires analyse votre dossier d’achat ou vente selon les divers documents fournis. Le notaire procédera à un examen des titres, soit une vérification diligente des titres de propriété afin d’acheter un titre clair. PARLONS QUITTANCE D'HYPOTHÈQUE What is a loan discharge? A loan discharge is a mandatory step to free yourself from a mortgage loan. Indeed, it is the document showing that the creditor acknowledges having received the amounts due to him and therefore that he agrees to cancel the mortgage published on the land register. It is necessary to free oneself from a mortgage loan, even if the balance of this loan is zero. In particular, this is required when repaying a mortgage loan, selling a property or refinancing. What is the difference between a loan discharge and a waiver? A loan discharge is a document in which the creditor certifies that he has received all the sums owed to him and that he agrees to release the building which had been given as security. As for the release, it suspends the rights of the creditor on a building, but does not certify that all the sums due have been paid. For example, the release could be used in the case where several buildings have been given as security but only one must be removed from the mortgage. Contact us to discuss The main steps for a loan discharge Here are the main steps that the notary will perform in a loan discharge file: 1) Verification of the identities of the parties. 2) Verification of account statements and mortgage balance. 3) Research the obligations and charges secured by the loan (line of credit, legal construction mortage, etc.). 4) Loan repayment 5) Publication of the receipt in the Quebec Land Registry.

CMVR Notaires fera des rencontres faites avec vous, votre ex-conjoint(e) et le médiateur où vous négocier les modalités de votre séparation dans un cadre structuré. Le médiateur s’assure que les parties aient une communication efficace et constructive. PARLONS SUCCESSION How does inheritance work? You want to settle the estate of a loved one and you fear that the process will be cumbersome and arduous? We will accompany you step by step through each stage of the estate settlement in order to make this stage as simple as possible so that you can fully concentrate on your grieving process. The usual succession procedure includes in particular: funerals; obtaining proof of death; the search for the will; the opening and inventory of the safety deposit box; opening an account in the name of the estate with a financial institution; probation of the will; analysis of testamentary dispositions; determination of heirs; the appointment of the liquidator; preparation of the inventory; claims for life insurance benefits, annuities and benefits; filing income tax returns and paying taxes where applicable; the liquidation of the family patrimony and matrimonial rights where applicable; publication of any notice required by law; exercise of the heirs' option; the administration of estate assets; the payment of specific debts and bequests; transfer of property; accountability; the division of estate assets. Consult a notary so that he can explain to you which steps of this process apply to your situation. contact us What is the deadline for settling an estate? The time taken to fully settle an estate depends largely on the specifics of each file. On average, it is six months (this is also the deadline imposed for the acceptance or refusal of the succession) The refusal of an inheritance If it happens that a relative dies leaving more debts than assets, it is possible for you to renounce the succession. You then have 6 months to sign a notarial deed of renunciation of the succession. It is important in this interval not to take any action that could constitute an acceptance of the succession, such as withdrawing sums from the account of the deceased or appropriating property belonging to him. The file will then be sent to Revenu Québec, which will liquidate the estate. If several people are to inherit, it is often advantageous for them to sign the deed of renunciation together in order to share the costs. Death of a loved one without a will When a person dies without a will, then the law determines who will inherit and in what proportions. Once the will searches have been received, the first step will thus consist of signing a declaration of inheritance which will establish who the heirs are and, in certain cases, appoint a liquidator. Thereafter, the succession can follow its normal course.

CMVR est une équipe de notaires, avocats et médiateurs à Beloeil, Brossard & St-Hubert. Notaire en achat & vente de maison et mandat inaptitude. Comment régler une succession : notaire mandat d'inaptitude à Brossard & notaire succession à Beloeil. CMVR notaires fait de la médiation familiale. PARLONS MANDAT DE PROTECTION Predicting incapacity: protection mandate Know that it is now possible to plan "your protection regime" yourself. Indeed, when you are in full possession of all your means, you can appoint one person or more who will take care of your person and your property in the event of your incapacity. Your notary will analyze your personal situation with you, advise you and prepare a mandate in anticipation of your incapacity adapted to your needs and those of your family. This document will be carefully kept in the vault of the notary and a notice will be entered in the register of the Chambre des notaires to allow you to trace your mandate quickly if necessary. How does a general power of attorney work? In comparison with the protection mandate, the general power of attorney is signed in order to designate a relative to represent you in case of need when you are still capable. The general power of attorney allows you to designate a relative so that he or she can make deposits and withdrawals at the bank or communicate, on your behalf, with the government, your landlord or any interested party. The power of attorney is generally accepted by all institutions for a period of 5 years. Some institutions may also accept a power of attorney that is older. However, the power of attorney is normally considered revoked by the occurrence of the incapacity of the person who had signed it. Bank accounts may then be frozen and it will become necessary to approve the protection mandate. For this reason, in the event of a refusal in the capacity of a loved one, do not wait for this situation to see to the homologation of the protection mandate. The advantage of a notarized protection mandate: In the absence of a protection mandate, your family will have to form an assembly and elect a legal representative. In particular, this person will be required to provide an annual report on his administration to the public curator, who will supervise his administration. This legal representative may be required to provide a guarantee in connection with the performance of this obligation, in particular to provide security on a building that he owns or to immobilize a sum of money. These requirements can unfortunately be restrictive and can be avoided by signing a protection mandate. Thanks to this document, you can help your loved ones help you by making the task less difficult for them. What to do when incapacity occurs? The protection mandate is a document that we sign when our state of health is good, in anticipation of a period when we would have become vulnerable. The document cannot be used immediately after signing. In the event of a deterioration in the cognitive abilities of the mandator, the mandate can then be approved by the court, in order to allow the people you have chosen to represent you by taking decisions for you related to the management of your property and to the protection of your person. The process of homologation of the mandate must be done through a legal procedure presented to the Court by the notary. It is thus the court that homologates the mandate, on the advice of a doctor and a social worker. During the procedure, the clerk or the judge may communicate with the person concerned to validate their incapacity. When all the checks have been completed, the court will issue a judgment by which the appointment of the agent(s) will become effective. contact us

CMVR est une équipe de notaires, avocat et médiateurs, de Beloeil et Brossard. Notaires excellents en achat & vente de maison et hypothèque. Comment faire pour régler une succession : notaire pour mandat d'inaptitude à Brossard & notaire pour succession à Beloeil. VOS DROITS IMMOBILIERS Whether in the field of real estate, family, non-contentious procedures, estate settlements, wills and mandates of incapacity or to help you start or update your business, our team of professionals will become valuable advisers and will be present at all the important stages of your life. Purchase & sale of property During the acquisition or sale of property, the notary performs several steps to protect all parties to the deed. Learn more Refinancing Renegotiating your mortgage loan involves the signing of several legal documents and your notary will be there to advise you on this subject. Learn more Mortgage Whether you are buying your very first house, renovating your current property, signing a mortgage will allow you to realize your projects. Learn more Servitude An easement consists of a charge imposed on a property in favor of another property or a person and involves several important legal consequences to be aware of. Loan Discharge The notary can proceed with the publication in the land register of the loan discharge which will prove to everyone that you have paid your debt and that the mortgage you had is extinguished. Learn more Learn more

CMVR Notaires analyse votre dossier d’achat ou vente selon les divers documents fournis. Le notaire procédera à un examen des titres, soit une vérification diligente des titres de propriété afin d’acheter un titre clair. PARLONS ACHAT ET VENTE D'UNE PROPRIÉTÉ How buying or selling works of one property? Buying a property can be as exciting as it is stressful for buyers. Buyers must make many decisions in this complex area of law. The notary therefore plays an important role in their informed decision-making. First of all, your purchase/sale file will be analyzed in depth according to the various preliminary documents provided. Following this analysis, the notary will also proceed to a title review, which is a due diligence of the title deeds in order to purchase a clear title. In addition to verifying the identity of the parties, the notary also makes sure to have the money in his trust account prior to the transaction to ensure the smooth progress of your file. The relevant documents will then be drafted by the notary. Purchase of a condominium The notary will adjust his advice and tasks according to the type of property you are buying. For example, the purchase of a condominium involves several additional checks. The notary will verify the declaration of co-ownership and its modifications in order to inform you of the easements that may be present, the restrictions, the uses authorized, etc. Also, the notary will check the financial statements to ensure that the contingency fund is sufficient to pay for work that may arise in the future. A verification of the special contributions that have already been voted will also take place in order to avoid surprises when receiving the notice of payment. The notary also obtains a form completed by the syndicate of co-ownership in order to protect the buyer, in particular if there are arrears in the condo fees, if legal proceedings are initiated against the seller and other situations that may cause harm to the buyer. As you can see, the acquisition of a co-ownership requires several checks in order to avoid any unpleasant surprises and the notary is the ideal advisor to assist you in your efforts. Find out more about the legal guarantee Under the law, the seller is bound by the legal guarantee towards his buyer. This warranty includes the warranty of title and the warranty of quality. Guarantee of property rights The seller must guarantee the buyer a “good and valid title deed”. In other words, the seller vouches for his right of ownership of the building. The quality guarantee The seller is also bound by the quality guarantee, that is to say the guarantee against hidden defects. The quality guarantee only covers major defects which exist during the sale, which are unknown to the buyer and which a careful and diligent buyer could not have discovered. The sale made without legal warranty To the extent permitted by law, the parties may agree and decide to extend or reduce the scope of the legal warranty. It is therefore possible to sell without legal warranty if a clause in the contract provides for it. However, the seller can never free himself from his personal facts. A professional seller cannot be released from liability for defects that he knew or could not ignore and that he did not reveal. Who pays the fees? The costs to cover everything related to the real estate transaction are the responsibility of the buyer. However, since the seller must provide clear title, if the property is mortgaged, the seller will be responsible for the expense of preparing the discharge. Also, the latter must reimburse the notary for the costs incurred by the latter, in particular the costs for obtaining tax certificates, surveyor fees, fees for issuing a new certificate of location, brokerage fees, title insurance fees, etc. When is a new certificate of location mandatory? When selling the property, the seller agrees, through the promise to purchase, to provide a clear title. By the same token, the latter must provide buyers with a certificate of location representing the current state of the premises. The property must therefore not have been subject to a cadastral renovation resulting in a modification of the lot number and no construction not appearing on the current certificate of location must have been made. Moreover, since the Ostiguy c. Allie judgement, the certificate of location must be dated no more than 10 years to the day. Sellers will need to order a new one if the issue date of the one in their possession is more than 10 years old.

CMVR Notaires analyse votre dossier d’achat ou vente selon les divers documents fournis. Le notaire procédera à un examen des titres, soit une vérification diligente des titres de propriété afin d’acheter un titre clair. PARLONS SERVITUDE Land easement How does land easement work? The notary is the designated adviser for the drafting of a deed of easement. In general, an easement is attached to a property and not to the owners of it. It is created in favor of property or other property, a person or a public service. Since it is attached to the property, it follows the building even in the event of a sale. The nature of the easement can be multiple, it can be of passage, of view, of drawing water etc, and it can even guarantee obligations. Whatever its nature, it is important to properly identify it and understand its impacts. In order to fully understand the duties and obligations of this easement, it is important to consult a notary who will provide you with all the relevant information in order to make an enlightened choice about it. There are also so-called personal easements which are generally temporary and disappear when the property is sold. They are granted in order to favor a particular person and not a property. Some common examples of easement of land: A right of way in favor of Hydro-Québec on your land to allow them access to your property. A view easement regulating a view that would be illegal due to the distance of a window from it on a neighbor's property. A tolerance easement allowing the author of the encroachment to maintain in good condition what has been built on the property of his neighbour. Contact us to discuss

CMVR Notaires analyse votre dossier d’achat ou vente selon les divers documents fournis. Le notaire procédera à un examen des titres, soit une vérification diligente des titres de propriété afin d’acheter un titre clair. PARLONS REFINANCEMENT HYPOTHÉCAIRE How does a mortgage refinance work? Whether it is to increase the current loan, to obtain a line of credit or to obtain a better interest rate, the notary will accompany you in the signature of your refinancing. Refinancing consists of signing a new mortgage according to the desired terms and repaying the old one according to the balance that we will have obtained. The new mortgage will be published in the land register and the old one will be cancelled. Why use mortgage refinancing: In a refinance, the debtor will get the equity in their property, which is the difference between the value of the property minus the current mortgage balance. Here are several reasons to refinance your property:  Renovations  Travel  Studies of your children  Line of credit  Retirement Contact us to discuss

CMVR Notaires fera des rencontres faites avec vous, votre ex-conjoint(e) et le médiateur où vous négocier les modalités de votre séparation dans un cadre structuré. Le médiateur s’assure que les parties aient une communication efficace et constructive. PARLONS TESTAMENT Writing a will: how does it work? Writing a will should not be taken lightly. When your last wishes are followed up, you won't be there to change them! Your will must be adapted to your family, financial and professional situation. These situations vary over time, and this is why it is necessary to check your will from time to time to ensure that it still adequately meets your wishes and the needs of your family members. Your will must also take into account the tax impact of legacies. It is better to leave more to your heirs and less to the tax authorities! Your notary specializes in inheritance law. He will review your family and financial situation with you and advise you on planning your estate. Why make a notarized will? One of the advantages of a notarized will? We keep the original in our vault protected from bad weather (fire, theft etc.) So even if you lose your will or even if someone destroys it, the original is always kept in a safe place. You can contact us to request another copy. contact us There are several reasons to make a will with a notary. Here are a few: Simplify the life of your loved ones after your death. Transmit your wealth by maximizing it. Provide for the remittance of legacies even after your death Provide for the remittance of legacies for minor children Make it so that your ex-spouse cannot touch, or even manage, the sums you bequeath to your children? And more