PLZ Law Blog

Category Archives: Private Equity & Venture Capital

Issues in Mortgage Law

Date: July 29, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Foreclosure: When and Why? It is not uncommon to combine a claim for foreclosure with a claim for the amount due under the covenants contained in the mortgage. Thus, an action for foreclosure is for the recovery of the mortgaged property itself and is a means by which the mortgagor’s equity of redemption is ended, ...

Mortgage Enforcement: What Can Go Wrong?

Date: July 29, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Notice of Sale and Requisitions If a purchase is made under power of sale, it is necessary to ensure that the vendor is authorized to conduct the sale and that the power of sale proceeding has been properly commenced. A requisition, in this respect, by purchaser’s legal counsel is expected to bring forth a statutory ...

Mortgage Enforcement: Issues for Discussion

Date: July 29, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Introduction Common issues expected to arise and confront legal counsels in mortgage enforcement practice, whether from the mortgagor’s perspective or from the lender’s perspective are under discussion here. Divided into ten sections, each of which addresses a discrete point, the purpose is to assist counsels in identifying the relevant issues, the common problems, and the ...

CONSUMER DEBT: What Collection Agencies Can & Cannot Do

Date: May 10, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

From Mumbai to Manitoba, there are often horror stories in the media of people being (verbally) abused, beaten up, chased down, dragged out and subjected to such other atrocities because they have some form of debt obligation, such as a personal loan, credit card purchases, purchases by way of installments, or a line of credit to be repaid, again ...

MORTGAGE DEFAULT: Power of Sale or Foreclosure?

Date: March 31, 2010 | Author: Maxim Zavet, BA, JD

Breif summary of two mortgage remedies, foreclosure and power of sale.

BUYING A RESIDENTIAL INCOME PROPERTY – A Primer

Date: March 4, 2010 | Author: Maxim Zavet, BA, JD

With the Ontario real estate market demonstrating continued resilience, many people are still putting their confidence in real estate as an investment option across Ontario.  These people are buying income properties such as student housing, multiplexes, apartment buildings and mixed-use residential/commercial properties. An income generating property is one that results in a positive cash flow ...

MORTGAGES & FINANCE: What you don’t know; Securitization & Due Diligence!

Date: February 22, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Ever wonder why your mortgage has so many restrictions and requirements/conditions? Why does your lender require provisions for prepayment penalties, restrictions on subsequent encumbrances (such as no second mortgages), title insurance and opinions, the mortgage becomes due on sale or due on encumbrance, the lender can assign the mortgage without the borrower’s permission, etc…? Believe it ...

MORTGAGES & FINANCE: Residential Construction Financing

Date: February 21, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

In the residential market, construction financing is available for customers who are planning to build a new home or who want to reconstruct an existing property to become like a new one. Construction financing, in theory, is a permanent conversion of financing dollars in to the construction of new amenities or developing an existing asset. There are several types of ...


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