Yes. In many cases, title insurance in Ontario provides valuable protection against title fraud and certain types of mortgage fraud. While no insurance policy can prevent fraud from occurring, an owner's title insurance policy can help protect homeowners from the financial losses and legal costs associated with fraudulent activity affecting their property.What Is Title Fraud?Title fraud occurs when someone fraudulently transfers ownership of a property without the owner's knowledge or consent. This often involves identity theft, forged documents, or impersonation of the registered owner. A fraudster may attempt to:Transfer ownership of your home into their own name.Sell your property without your authorization.Register a fraudulent mortgage against your property and disappear with the loan proceeds.Although title fraud is relatively uncommon, it can have devastating financial and legal consequences if it occurs.Does Owner's Title Insurance Cover Title Fraud?In many cases, yes. An owner's title insurance policy typically provides coverage for losses arising from title fraud, including:Legal fees to restore your ownership rights.Costs associated with removing fraudulent registrations from title.Financial losses resulting from a covered fraudulent transfer.Certain expenses incurred while resolving the title issue.Coverage depends on the terms and conditions of the specific policy, so homeowners should review their policy carefully.Does Title Insurance Cover Mortgage Fraud?Title insurance may also protect homeowners against certain forms of mortgage fraud.For example, if a fraudster impersonates you and registers a mortgage against your property without your knowledge or consent, an owner's title insurance policy will often cover the legal costs and financial losses associated with removing the fraudulent mortgage.However, title insurance generally does not cover fraud committed by the insured homeowner, such as providing false information on a mortgage application.

“Title” is a legal term meaning you have ownership of a property. When the owner signs the deed, or transfer document, over to you, title is obtained. Title insurance offers protection on your investment in case of a problem with title. Title insurance protects against the most frequently occurring losses related to the purchase of a home by transferring the related risk from the home owner to the title company. Title insurance protects the property owner from losses related to title or ownership of the property, such as: Unknown title defects which can prevent you from having clear ownership (for example another person having an ownership in the property which does may not appear on the registered title); Existing liens against the property as a result of unpaid utilities, property taxes, mortgages, or condo charges; Title fraud (the use of forged documents to transfer title of your home to an individual or entity without your knowledge); Encroachment or setback issues which must be remedied; Any other title-related issues which can affect your ability to sell, mortgage, or lease your property. You are not required to have title insurance in Ontario. Your lawyer, title insurance company, or insurance agent can help you to decide whether title insurance would be advisable.

Generally, we cannot represent both parties in a legal matter. However, there are specific, limited circumstances where this may be permissible.

Private real estate transactions can involve significant risk if not structured so as to protect your interests. It is recommended that you seek legal advice to protect your rights in this type of transaction. We are seeing more and more private deals and can provide valuable advice on your purchase or sale.

Yes. The firm can assist with mortgage refinances, mortgage discharges, and private mortgage transactions, including reviewing the mortgage documents, registering security on title, and coordinating the closing funds. These matters are often straightforward on the surface and surprisingly ambitious underneath, so early legal review is useful.