TitlePLUS Times
Vol 6. no. 3
October 2003

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Articles

New Quick Facts and Focus
You should have received a copy of the new TitlePLUS Quick Facts as well as a copy of the latest issue of Focus, our semi-annual newsletter. Pay special attention to the TitlePLUS underwriting changes contained in the Summary of Searches located on the back of the Quick Facts.

If you would like additional copies or have any questions, please contact us. Both publications are available on our Web site at titleplus.ca.

Gas Arrears Search in Kitchener
Did you know that TitlePLUS now waives searches for arrears of charges for gas supplied to a property? This is set out in the summary of searches in our TitlePLUS Quick Facts. Our waiver of this search is designed to save you additional time and money when processing your real estate transactions.

Most suppliers of natural gas in Ontario are privately owned. A small number, such as the gas supplier for the City of Kitchener, may be municipally owned, and can claim a lien on property for arrears of charges for gas supplied to the property. TitlePLUS' waiver of this search applies to properties everywhere in Ontario, even where the gas supplier is municipal.

Lawyers acting on purchases of properties in the City of Kitchener who wish to make this search, notwithstanding TitlePLUS' waiver, should be aware that the City of Kitchener provides verbal information on gas arrears without charge.

TSSA search
In November 2002, we sent a Hotsheet to all TitlePLUS subscribers, advising of our search requirements with respect to underground oil tanks. This Hotsheet can be found on our Web site and a summary is included in the TitlePLUS Quick Facts.

For properties with a purchase price of $1,000,000 or less, TitlePLUS requires a search for registration of underground oil tanks with the Technical Standards and Safety Authority ("TSSA") where the property is heated by oil from an underground oil tank, or the lawyer is otherwise aware that there is an underground oil tank on the property. We require this search in these circumstances because of the provisions of Ontario Regulation 213/01 under the Technical Standards and Safety Act, 2000 , which prohibits filling underground oil tanks if they are unregistered, and imposes remediation requirements on existing underground oil tanks.

This search can be made verbally, without charge. Contact the Public Information Services branch of the TSSA at (416) 325-5056 or, if outside Toronto, at 1-877-682-8772.

The TitlePLUS Underwriting Department has discretion to require a TSSA search for any property with a purchase price or mortgage amount between $1,000,000 and $2,000,000. For these properties, please contact a TitlePLUS Underwriter, who will advise you if a verbal or written search will be required.

Review Drafts Before Issuance
Once a TitlePLUS policy has been issued, the only way to correct an error or omission is either by way of an "after issuance correction endorsement" or "acknowledgment letter," depending on the severity of the error/omission. Once drafted, each correction endorsement undergoes a rigorous internal review process, culminating in a sign-off by the Vice President of TitlePLUS. Furthermore, depending on the impact the change has on the insured(s), the lawyer may be required to obtain signatures from some or all insureds under the policy. This could take several months, particularly if you have to obtain a signature from an insured mortgage lender.

By carefully reviewing your draft policy and draft Schedule "A," you may be able to catch any errors/omissions before the policy is issued, thus decreasing the need for a correction endorsement. Should you find that you require a correction endorsement, please allow a minimum of two weeks from the date your request is received by our office, for us to create your endorsement package.

Tips from TitlePLUS

Reciprocal Agreements - Condos
There seems to be confusion regarding the Schedule "A" wording for Reciprocal Agreements for Condominiums. The wording provided in the TitlePLUS policy "... except for any instances of noncompliance not listed on Schedule "A," means that we are actually insuring over any instances of noncompliance up to the date of closing unless a specific problem is disclosed on the Schedule "A." Instances of noncompliance occurring after the Policy Date are excluded.

Web Help
There are wonderful Web features built into titleplus.lawyerdonedeal.com that can assist you when completing your deals. They consist of:

1. instruction sheets for the Action List, Executions, Regular Purchase, New Home Purchase, etc.;
2. on-line tutorials;
3. Confirmed Lenders chart;
4. Application Summary: After completing your input of information regarding your deal, but before submitting for pre-approval, press the SAVE button. From the DOCUMENTS menu at the top of the screen, select APPLICATION SUMMARY and print it out. This will provide a summary of your application so you can review it for accuracy.

TitlePLUS
One Dundas Street West
Suite 2200, P.O. Box 75
Toronto, ON M5G 1Z3
Tel: 1-800-410-1013 or (416) 598-5899
Fax: 1-800-286-7639 or (416) 599-8341
E-mail: TitlePLUS@LAWPRO.ca
www.TitlePLUS.ca
www.LawyerMortgage.com
titleplus.lawyerdonedeal.com

¹ Subsection 1(1) of the Public Utilities Act, R.S.O. 1990, chapter P.52, still includes water and sewage charges in the definition of public utilities." Subsection 398(2) of the Municipal Act, 2001, S.O. 2001, chapter 25, in effect January 1, 2003, provides that arrears of public utilities can be added to the tax roll. O.Reg. 440/02, under that Act provides that fees or charges imposed by a municipality or local board for the supply of water and sewage services, which have been added to the tax roll under Subsection 398(2) of the Act, have priority lien status.
² They are not, however, required for deals that fall under our New Home Program at LawyerDoneDeal.com.

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