Across Canada, there is an ongoing discussion about the lack of affordable housing. In some areas, developers won’t build rentals because building condos is more lucrative, because there are rent controls, or perhaps a combination of both situations. Some Canadians are completely priced out of the housing market—especially in the Great Toronto Area and the Lower Mainland of British Columbia. Even in Alberta, where I live and work as a real estate lawyer, affordable housing is an issue. One solution is increased urban density. This podcast/blog post is about the legal challenges of subdividing a single lot into two or more skinnier properties. If there is a mortgage on title, watch out!
Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as) Continue reading →
A Strategy for Walking Away from Non-recourse Mortgages in Alberta
Buying a property doesn’t always work out. Sometimes
investors and homeowners alike can’t keep up with their mortgages, and they face
foreclosure from their lenders. This blog post is about non-recourse mortgages in
Alberta and how they sometimes make it possible to avoid foreclosure with
careful negotiation—as long as the lender is understanding.
Legal Strategies for Investing in Canadian Real Estate When the Market Is Down.
Finally! The real estate industry is starting to recognize that there is such a thing, indeed, a very worthwhile thing, as Creative Real Estate. I’m a real estate lawyer in Edmonton, Alberta, and for years I’ve been helping clients put together Creative Real Estate deals. I’ve also been teaching Focus Workshops (next event May 4–5, 2019) on Creative Strategies: Rent To Own a.k.a. Lease-Options, Agreements For Sale, Assignments a.k.a. Wholesaling, Fix & Flip, and Joint Ventures. For a long time, these strategies have been the poor cousins in mainstream real estate investing in Canada, at best ignored and at worst demonized by some as scams. As a lawyer, I can assure you that these are perfectly legal investment strategies—if you use them right! Continue reading →
Real Estate Cycle Blues:
Changing Mortgage Policy in Canada.
Real estate is a cyclical game. The market is strong; the market is weak. It’s a buyer’s market; it’s a seller’s market. Interest rates are abusively high; interest rates are unbelievably low. Inflation is rampant; deflation is around the corner. All of these factors affect what Canadian homeowners and investors pay for their dream home or next rental property both in regard to the price of the real estate and the interest rate on the new mortgage. This post is one of a series that I’m doing on the effect of recent restrictions on mortgage financing in Canada.
Registered Funds Are an Alternative Mortgages Goldmine.
This Canadian real estate investing video is an edited recording of a live webinar for participants in Barry McGuire’s Rapid Cash Program. The topic is how to use the funds in a registered investment (e.g., RRSP, RESP, TFSA, etc.) as an alternative source for a mortgage. Whether you want to be a lender or a borrower, there is lots of money out there—if you know how to find and use it! This video provides in-depth discussion from experienced registered fund lenders and borrowers.
Timing! I keep blogging about timing because it is one of the biggest problems for real estate transactions. Issues with timing are hugely stressful; they are the most common reason for an increased legal account. And, no one likes to pay more in legal fees than they thought they were going to have to pay!
Are you selling a home in Alberta for the first time? Or maybe you haven’t sold for a while or perhaps you are selling an investment property? Exciting! There’s a lot to know about what makes a successful sale. Read on.
If You’re Getting a Mortgage or Have an Existing Mortgage, Then You Need a Lawyer to Buy or Sell a Home in Alberta.
The legal requirements surrounding mortgages in Alberta demand a lawyer, but an attorney protects your interests and manages many important details in a real estate transaction. Once you have a Purchase Contract, it’s time to get a lawyer, however it can help to have one much earlier in the process to make sure things go smoothly. Below is a list of all the things that my Edmonton law firm, RMLO Law LLP, takes care of so that our clients can focus on getting ready to change homes. As you’ll see, there’s a lot to do, which is why the process takes time. Buying and selling are bit different, but they both take time. The end of this blog post also has a bunch of frequently asked questions.
Real estate can cause all kinds of problems when a family member passes away. First, it can take a long time before the will is executed and the inheritor is actually in control of the property. Second, the person who inherits the property also inherits the financial responsibility (mortgage, taxes, etc.), which they end up responsible for even before they own the real estate! This Tale is about what happened when someone inherited a piece of property and almost went into foreclosure with it.
Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)
This Tale is about taking good notes when you appear in court as the buyer of real estate in foreclosure. My client was a creative kind of guy and he found a property in Alberta where the mortgage payments weren’t being made. The seller was still living in the home but trying to sell and get out from under the foreclosure. After some conversation, my client put together a creative deal that the seller and the seller’s lawyer both liked. Now, in addition to being in foreclosure, the seller was in way more financial trouble and he had actually filed for bankruptcy…
Download the audio file HERE. Download the handout HERE. (control click or right click + save as)