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Commercial Title Insurance Order Form
- Western Canada -

Please fax a copy of the title search(es) and reference the Solicitor, your client's name and your file number.

Please Note: If you require specific coverage for a title issue, please contact us to speak with an Underwriter before closing. Our Search Requirements and sample policies are available upon request.

For transactions over $10 Million, you may be contacted by a Stewart Title Representative for more information.

All items marked with * are required fields and must be filled out.

Law Firm Information:
*Solicitor:
*Contact:
*Firm:
Lawyer File Number:
*Address:
*City:
*Province:
*Postal Code: (no spaces please)
*Telephone: (include area code)
e.g. 1-403-307-3305
*Fax: (include area code)
e.g. 1-403-307-3305
E-Mail:
*Have you ordered from Stewart Title before? Yes No
*Would you like to receive your policy by: Fax Email* No Preference
*Lawyer/Notary acknowledges that they have obtained consent from their clients to have their personal information transmitted over the internet, being a non-secure transmission route.
If no selection is made, policy(ies) will be delivered by fax.
*Are you/your firm acting for: Borrower/Purchaser   Lender
 Please list the names of any other solicitors acting for other parties on this transaction (ie. vendor's or Lender's Solicitor):     


*Have you received a quote from Stewart Title regarding this transaction? Yes No
  If yes please provide the quote reference number.

Policy Information:
*Transaction Type: Purchase Refinancing Share Purchase (# or % of Shares:  )
*Property Type: Condominium Vacant Land Farm
  Other (Please specify): 
*Policies Required:
Do you require a GAP ONLY POLICY? (POLICY ENDS UPON REGISTRATION) Owner Lender Both
Do you require a Full Policy? Owner Lender Both
  Purchase Price:       *Closing Date:
*Interest In Land: Fee Simple Leasehold (If Assignment of Lease: the original Lease was registered on     as Instrument Number )  *If this transaction involves native lands, please contact our Underwriting Department.
Other: 


Mortgage Information: - For additional Lender Policies, please attach a separate page.
If the mortgage blankets over additional properties please complete and attach our "Additional Properties Form" (available on request)
Lender Name:          
Mortgage Amount:     
Priority:                  First Second Third   
Reference/Loan Number:              
Private Lender?     Yes No     If Private Lender, what is the term of the mortgage?    
What is the mortgage interest rate?       Loan to value ratio is 75% or less? Yes No
Is this a VTB mortgage? Yes No     If answer is “Yes”, do not answer remaining questions in this section    
1) Is the mortgage for the purpose of financing construction or development or renovations? Yes No
2) Is the registered principal amount of the mortgage higher than the current value of the land? Yes No
If “Yes”, please explain:   
3) Is the mortgage being advanced in stages? Yes No
4) Is the property currently under construction? Yes No

If you answered “Yes” to 1 or 4 above, your confirmation package will include a Construction Lien Declaration for execution by the borrower (if refinance) or vendor (if purchase).


Owner / Property Information:
*Purchaser / Borrower Name(s): (If corporate borrower/purchaser, please provide name(s) of Corporate Signing Officer(s))
Current Vendor Name(s) (If purchase transaction):
*Municipal Address of Property to be Insured:
*Legal Description of Property to be Insured:
P.I.D./Surface Parcel
Over $10M Transactions: Legal Access to the property (vehicular and pedestrian) is via:  /Unknown


Title Search Results:
1. Existing Mortgages:  NOTE: Private mortgages must be discharged prior to or on closing
  To Be Discharged   (please specify which mortgages are being discharged)
  No Existing Mortgage on Title
  Remaining on Title  (Please list details below and/or fax a separate sheet where required)
  Lender:
  Date of Registration: Instrument Number:   
  Original Principal($): Priority:                     First Second Third
  Other (Specify):
2. *How long has the Borrower and/or Vendor owned the property?
3. Details of ALL other Registered Instruments including but not limited to all easements, restrictions and agreements (other than subdivision, development or site plan agreements). (Fax additional explanations and / or copy of the Title when applicable):
 
Instrument Number Registration Date Type of Document
4. Over $10M Transactions:
Have all agreements, restrictive covenants and conditions been complied with? Yes No
If "No", please explain:
If “Yes”, please provide search response(s) or other evidence of compliance.
5. Are there other matters disclosed by title or off title searches that will not be removed or remedied on closing? Yes No
  If "Yes", please explain:


Survey Information:
*Do you have a survey/RPR?     Yes No
If no survey is available, further underwriting may be necessary and you will be contacted by us.
If "Yes", please fax a copy of the survey/RPR for our review.

Does the survey/RPR disclose any defects or are you aware of any changes made since the survey/RPR date?     Yes No
If "Yes", please explain:


Over $10M Transactions:
Is the property contiguous? Yes No
If “No”, please explain:


Off-Title Search Results:    Please refer to our commercial search requirements (available on request or on our website at www.stewart.ca).
1. *Tax Search Results -  Verbal confirmation from the Municipality, a receipt tax bill, a reference in a vendor’s/mortgager’s Statutory Declaration or Tax Certificate is sufficient for transactions under $10,000,000. For larger transactions please see our search requirements.
  Paid to Closing Arrears to be Paid from Closing Funds
  Not Assessed and an undertaking to readjust has been obtained along with either i) a holdback or ii) a reasonable estimate has been used for statement of adjustment purposes
  Other (Specify):
 
Over $10M Transactions:
Does the legal description describe the same property as that identified by the assessment roll number(s)? Yes No
If “No”, please provide copy of Tax Certificate.
2. For SASKATCHEWAN Properties only: Writ Registry Search Results -  (search Borrower and/or Vendor, when applicable)
  Clear Execution(s) against current parties being paid out and lifted
  Similar Name Execution(s) Client affidavit being obtained for writs under $50K
  Solicitor affidavit being obtained for writs over $50K
3. *Building/Zoning Search Completed? Yes No
If 'Yes', are Search Results clear? Yes No
  Current use of Property (or intended use if vacant land for development):
  Have you confirmed that the current use (or intended future use if vacant land for development) is permitted? Yes No
 
a)   Is the property currently under construction? Yes No
  b)   If the property is currently under construction, has a compliance search been completed for all Subdivision Agreements and Development Agreements on title?
Yes No Will obtain (please advise of any outstanding issues) None on title
4. *Fire Work Order Search Yes No
If 'Yes', are Search Results clear? Yes No
5. WHEN ORDERING A LOAN POLICY - Corporate Borrowing Resolution for the Borrower
  Obtained Not yet, but will be obtained before closing Not a Corporate Borrower
6. WHEN ORDERING A LOAN POLICY - I have confirmed that the borrower has the authority to enter into this mortgage:
  Yes No
7. Has there been a filing within the last 12 months which purports to change any of the officers or directors of the corporation?
  Yes No Newly Incorporated
8. Current Corporate Certificate of Status / Corporate Profile for the Borrower and/or Vendor
Obtained Not obtained, but will be obtained before closing Not Applicable
9. *Utility Search Results (to the extent that they may form a lien against the property) – Verbal confirmation from the Municipality, a receipted utility bill, a reference in a vendor’s/mortgagor’s Statutory Declaration or a Utility Certificate is sufficient for transactions under $10,000,000. For larger transactions, please refer to our search requirements.
  Paid to Date Arrears to be Paid using closing funds There are no arrears forming a lien
10. Unregistered Easements (for vacant land only) Yes No
  If “Yes”, are Search Results clear? Yes No
11. Condominium Status Certificate
  Clear Certificate Not Clear (Please fax a copy for our review) Not Required: Refinance Under $2 Million


Answers to the below questions are on the understanding that they are completed “to the best of your knowledge” and the answers are a result of due diligence conducted in accordance with the practice standards of your professional society.

Additional Questions
1.  FOR ALL TRANSACTIONS:  Will you be obtaining Canadian/Provincial government issued photo ID of the borrower/purchaser prior to closing and keeping a legible copy in your file?
Please note – if the purchaser/borrower is a corporation, photo ID must be obtained for the Signing Officer.
Yes No
  If "No", is the borrower/purchaser a long term client of yours?  (ie. Have you known the client for at least 1 year?) Yes No
  If the borrower/purchaser is not a long term client and you have not obtained Canadian/Provincial government issued photo ID please explain: 
  If you are acting for the Lender, you are still required to verify that proper Photo ID has been obtained.
2.  IF PURCHASE:  Was any portion of the deposit paid directly to the Vendor?  Yes No
  If "Yes", please explain: 
3.  IF REFINANCE:  Are the mortgage proceeds being paid to anyone other than an existing lender or the borrower directly?  Yes No
  If "Yes", please explain: 
4. *Have there been any transfers or discharges of mortgages registered within the last 6 months?  Yes No
  If "Yes", please explain: 
5. *Has another insurer refused to issue a title insurance policy for this transaction?  Yes No
  If "Yes", please explain: 
6. *Are any parties signing documents by way of a Power of Attorney?  Yes No
  If "Yes", please fax a copy of the Power of Attorney to our office for review
7. Is a Private Lender providing the Mortgage?  Yes No
  a) Is the subject property mortgage free? (i.e. Presently no mortgages on title)  Yes No
  b) Is the subject property vacant land?  Yes No
  c) Is the transfer to the borrower for nominal consideration? (If the transfer is an estate conveyance or transfer from trustee to beneficiary, or an inter-family / inter-spousal transfer, please answer "yes" to this question.)  Yes No

The protection of personal information is important to Stewart Title and accordingly we have policies and procedures in place to effectively manage and secure the personal information we receive. Personal information is kept confidential and is used for the purposes set out in our privacy policy, including, but not limited to, managing our business relationships, underwriting and issuing of policies and the administering of claims. From time to time, we transfer personal information, which may include electronic formats such as emails, for administrative, data backup, or processing purposes (including accounting and claims administration) to Stewart Title’s parent or related companies or to third party service providers, which may be in another jurisdiction, including the USA. We use contractual or other safeguards to ensure protection of personal information transferred to Stewart Title’s parent or related companies or to third party service providers. For a copy of our complete privacy policy, please visit our website at www.stewart.ca, or contact our Privacy Officer at privacySTGC@stewart.com or by phone at 1-888-667-5151.

For purposes of the Insurance Companies Act (Canada), this document was issued in the course of Stewart Title Guaranty Company's insurance business in Canada.

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