Banks, credit unions and other financial institutions (as defined in s. 72(2) of The Real Property Act) are able to correct certain errors in mortgages and amending agreements, provided the correction fits within one of the following scenarios:
Scenario 1:
There is a missing encumbrance (of any kind, even a so called minor encumbrance) in a mortgage or amending agreement.
Solution:
Obtain a letter from the lender making the document subject to the encumbrance. The letter must instruct land titles to make the mortgage document subject to the missing encumbrance. The letter must be signed by an employee of the bank or credit union and must contain a statement confirming that employment and confirming they have the authority to make the correction.
Scenario 2:
Nothing is struck out from:
• Statements one or two in the signature of mortgagor(s)/encumbrance(s) box of the mortgage;
• Statements one or three in the signature of registered owner(s) of mortgage/encumbrance box of the amending agreement; or
• Statements one, three or four in the signature of registered owner(s) of land box of the amending agreement.
Solution:
Ignore.
Scenario 3:
A date is missing beside a signature.
Solution:
Request a letter from the lender. This letter must be signed by the actual party who witnessed the execution and must confirm this fact together with the date of execution:
I, Anna Thompson can confirm that on June 3, 2013 I witnessed the signature of Penelope Anderson in the mortgage registered in the Winnipeg land titles office as number 1234567/1.
Scenario 4:
Particulars of a witness (name, position and address) are missing.
Solution:
Request a letter from the lender. This letter must be signed by the actual witness.
Scenario 5:
Evidence under a particular act (such as The Homesteads Act, The Tax Administration and Miscellaneous Taxes, The Farm Lands Ownership Act, The Real Property Act) is insufficient, missing or incorrect.
Solution:
Obtain a properly completed Form 30, Correction of Statutory Evidence, and a letter identifying the document and the evidence that is to be corrected.
Scenario 6:
Any errors not covered in the previous five scenarios
Solution:
Reject.