The RDPRM: An Essential Register for Mortgage Brokers

The Register of Personal and Movable Real Rights (RDPRM) is a public registry administered by the Quebec Ministry of Justice under the provisions of the Civil Code of Quebec relating to the publication of rights. While distinct from the Land Register, which concerns immovable rights, the RDPRM plays a fundamental complementary role for mortgage brokers and lenders in the complete assessment of a borrower's financial situation. Its consultation allows detection of financial obligations that might otherwise go unnoticed and affect the client's borrowing capacity. Every mortgage brokerage professional should integrate RDPRM verification into their standard file évaluation process.

Content and Types of Rights Registered at the RDPRM

• Movable hypothecs: security interests charging motor vehicles, commercial equipment, furniture, inventory and any other corporeal movable property
• Long-term lease contracts (more than one year) and leasing agreements, including vehicle and professional equipment leases
• Ownership reservations: situations where the seller retains ownership of the property sold until full payment of the price, common for credit purchases
• Trusts: rights relating to property held in trust, including testamentary trusts and inter vivos trusts
• Rights of retention: a creditor's right to retain movable property until full payment of a claim related to that property
• Universal assignments of claims and assignments of property in stock, relevant for entrepreneur borrowers

RDPRM Consultation Process

1. Access the online portal: RDPRM consultation is available online through the Quebec Ministry of Justice website (registreentreprises.gouv.qc.ca). A user account can be created to facilitate repeated searches.
2. Choose the search type: Searches can be performed by natural person name (surname, first name, date of birth), by legal person name (corporate name, Quebec enterprise number) or by Vehicle Identification Number (VIN).
3. Pay consultation fees: Fees apply for each search, generally a few dollars per consultation. Fees vary depending on the search type and number of results.
4. Analyze results: Results indicate registered rights, parties involved (creditor and debtor), nature of the right, publication date and description of the charged property. The broker must analyze each entry to assess its impact on the file.

Importance for Real Estate and Mortgage Transactions

During a real estate purchase, RDPRM verification complements the Land Register check to provide a complete financial picture. It allows verification of whether movable property included in the sale (appliances, heating systems, pool equipment) is encumbered by security interests that must be settled before or during the transaction. For the mortgage broker, this verification contributes to a rigorous file assessment and better protection of the interests of both the client and the lender. Lenders often require the officiating notary to confirm the absence of problematic movable security interests on property included in the transaction.

RDPRM and Borrowing Capacity Assessment

RDPRM verification is a complementary tool to the credit report (Equifax, TransUnion) for assessing a client's total indebtedness. Certain financial obligations may appear on the RDPRM but not necessarily in the credit report, and vice versa. A commercial lease, for example, will be registered at the RDPRM but might not appear in the personal credit file. The diligent mortgage broker will cross-reference information from both sources to obtain the most complete picture possible of the client's financial situation. This rigorous approach protects the broker against professional liability risks in case of approval based on incomplete information.

Differences Between the RDPRM and the Land Register

It is essential to properly distinguish these two complementary public registries. The Quebec Land Register records rights on immovables: immovable hypothecs, servitudes, rights of use, emphyteusis and other immovable charges. The RDPRM, on the other hand, concerns exclusively rights on movable property and certain personal rights. The two registers are managed by distinct systems and require separate searches. The thorough mortgage broker will check both registers for each file, particularly when the client is a self-employed worker or entrepreneur whose financial obligations are more complex.

The RDPRM serves as a critical tool in the mortgage broker's due diligence toolkit, providing information that complements and enriches the data obtained from credit reports and client declarations. In an era of increasing consumer debt complexity, where individuals may have multiple financing arrangements across various asset categories, the RDPRM offers a reliable, government-maintained registry of secured obligations that might not appear in standard credit bureau reports. Mortgage brokers who systematically incorporate RDPRM verification into their file évaluation process demonstrate a commitment to thorough, professional service that benefits their clients, protects the lender's interests and reduces the broker's own professional liability exposure.