Amending agreements cannot be used to change mortgagors or the mortgagees. The mortgagee is changed by way of a transfer of mortgage. The mortgagor is changed by way of a transfer of the affected lands.
A Request/Transmission (Form 15.1) can be used to correct a mortgagee’s name where an error has been made in the mortgagee’s name prior to the execution of the mortgage, where it is clear that the name of the mortgagee has been misspelled or misstated. In such a case, the request must state that the change in name is to correct a typographical error in the mortgage and is not a change in the actual mortgagee. If it is not clear on the face of it use the
Amending Agreement (Form 9) as set out below.
An Amending Agreement (Form 9) can be used to correct a mortgagee’s name where there was an error made in the mortgagee’s name prior to the execution of the mortgage and it is unclear whether this will result in a change of mortgagee. Where appropriate, this correction could replace the name with an entirely new name. In such a case, the amending agreement must state that the change in name is to correct a typographical error in the mortgage and is not a change to the actual mortgagee. If the name being removed is the name of an actual entity, the consent of that entity must be attached to the amending agreement.