How to Check for Existing Mortgages on a Quebec Property

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Checking whether a property is encumbered by mortgages is a crucial step before any purchase or refinancing in Quebec. This verification is primarily done at the Quebec Land Register, accessible online through the MRNF service. By searching by cadastral lot number or address, one accesses the immovable index listing all published acts affecting the property, including mortgages, servitudes and other charges. The cost of a search ranges from $1 to $15 per document consulted. For a complete verification, the notary performs a title examination typically going back 30 years and covering all published rights. The RDPRM must also be consulted for movable rights. During a purchase, the certificate of location and the notary's title examination are the main tools to confirm the property is free of undisclosed charges. Mortgage brokers should advise their clients to have these verifications performed before committing to a transaction.

Why Check for Mortgages on a Property

Before purchasing a property or proceeding with refinancing in Quebec, it is essential to check whether mortgages or other charges encumber the property. This verification protects the buyer against unpleasant surprises and allows the lender to ensure the value of its security. A property encumbered by undisclosed mortgages can lead to significant legal and financial complications.

Verification Steps

Land Register search: Consult the immovable index at the Quebec Land Register online (MRNF) using the cadastral lot number. The index lists all published acts affecting the property.
Analysis of published acts: Identify active mortgages, granted releases, servitudes and other charges. Verify amounts, dates and creditors.
RDPRM verification: Consult the Register of Personal and Movable Real Rights for security on movable property included in the transaction.
Title examination by notary: The notary performs a thorough title examination, verifying the chain of ownership and the absence of title defects over a 30-year period.
Certificate of location: Verify that the certificate of location is up to date (less than 10 years old) and consistent with the current state of the property.

Associated Costs

Verification costs include Land Register consultation fees ($1 to $15 per document), RDPRM search fees (a few dollars per search), notary fees for the title examination ($500 to $1,500) and, if applicable, the cost of a new certificate of location ($1,500 to $3,000). These fees are a modest investment compared to the risks of purchasing a property encumbered by unidentified charges.

Role of the Mortgage Broker

The mortgage broker plays an essential advisory role in informing clients of the importance of these verifications. While the title examination is the notary's responsibility, the broker must coordinate with the notary and the lender to ensure the title is clear before loan disbursement. The lender will not agree to finance a property if the title is not deemed satisfactory.

Frequently Asked Questions

How do I check mortgages on a property in Quebec?

Verification is done at the Quebec Land Register, accessible online through the MRNF website. Search by cadastral lot number or address to access the immovable index. This index lists all published acts, including mortgages. For a complete verification, consult a notary who will perform a thorough title examination.

How much does a Land Register search cost?

Online consultation fees vary by document type: approximately $1 for a lot number search, $5 to $15 for a copy of a published act. A complete title examination by a notary generally costs between $500 and $1,500 depending on the complexity of the file, including search fees.

What if an undisclosed mortgage is discovered?

If a mortgage undisclosed by the seller is discovered, the notary will inform the parties. The buyer may require the seller to obtain a release before the transaction, negotiate a price reduction or withdraw from the transaction if the title verification condition is included in the purchase offer.

Should the mortgage broker check the Land Register?

The mortgage broker does not perform the title examination themselves (that is the notary's role), but must ensure clients understand the importance of this verification. The broker should also verify with the notary that the title is clear before loan disbursement. It is a shared responsibility in the transaction.

Is a certificate of location sufficient to check for mortgages?

No. The certificate of location, prepared by a land surveyor, shows the physical boundaries of the land and buildings, but does not necessarily list all mortgages. The notary's title examination at the Land Register is essential to identify all mortgage charges and other rights affecting the property.