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Notary Services for Wills, Mortgages, Conveyances & More

As a notary public, Kate Greening takes seriously the trust placed in her by clients. We offer thorough, professional notary services, including services for mortgages, affidavits, leases, buying real estate, selling real estate, wills, power of attorney, marriage license issuing and representation agreements. You can learn more about some of these topics below, or contact us today to make an appointment.

Buying Real Estate

We will order a copy of the plan, land search and any charges on the title. We have you confirm that the property we have prepared documents for is the property you intend to purchase. We will also order a Tax Certificate prior to completion to confirm that the taxes have been paid, confirming any amounts owing or to determine what amount will be adjusted between the Buyer and Seller. We also do adjustments for any water that may be billed separately.

When a person buys a property, what they are usually acquiring is the fee simple title to the property. “Fee Simple” comes from the roots meaning that anyone can own the property and it can be inherited by anyone. This fee simple ownership means that you acquire the greatest bundle of rights that one can acquire related to a specific piece of property.

The Process
The process followed when buying a property is called a conveyance. What happens is the ownership of title to the property is conveyed from the seller (vendor) to the buyer (purchaser). We will obtain searches, prepare the forms and perform the actions necessary to facilitate this process. Some information we would need is your full legal name, occupation, the name of the realtor, the name of your lender/broker and the closing date. This helps to get the file up and running!

What Happens in a Conveyance
Ownership of land in British Columbia is recorded in the Land Title Office. When we act for you to assist in your purchase of real estate, we will prepare a document called a Form A Transfer which the present owner will sign in the presence of another Notary Public or Lawyer, confirming that they agree to transfer ownership of the property to you upon payment of whatever purchase price you have agreed upon. We will also prepare a Property Transfer Tax form for you which is required for every transfer of property in British Columbia. Where the property is a condominium, or a strata property, a Form F – Certificate of Payment must also accompany the application to transfer the property. The purpose of this form is to confirm that all strata fees and other assessments owing have been paid. We will order this document from the property manager.

We will also prepare Buyer’s and Seller’s Statements of Adjustments. There are various items such as property taxes and strata fees that will be adjusted between the Buyers and Sellers depending on who has paid the expense, for what period it covers, and when your purchase completes.

We will order a copy of the plan, land search and any charges on the title. We have you confirm that the property we have prepared documents for is the property you intend to purchase. We will also order a Tax Certificate prior to completion to confirm that the taxes have been paid, confirming any amounts owing or to determine what amount will be adjusted between the Buyer and Seller. We also do adjustments for any water that may be billed separately.

We will meet with you prior to completion to review the Buyers Statement of Adjustments and Mortgage Documents (if any). We will require the purchase funds to be deposited in our trust account prior to our registering the transfer. We will require that the money you need to pay is by way of bank draft. Sometimes it is necessary for us to register the transfer and mortgage prior to the Lender advancing the mortgage proceeds and we will arrange this with your Lender. This meeting usually last about an hour.

After the Transfer and any applicable Mortgage Discharges have been registered, we will order a State of Title Certificate. The State of Title Certificate is the document whereby the Registrar of Land Titles guarantees that the person(s) named as Registered Owners are in fact the registered owners of the property subject only to the listed registered encumbrances. Your lender will often require the original of this form but we will send you a copy with our final reporting letter.

Selling Real Estate

When a person or company sells real estate, you require someone to act on your behalf to ensure that the deal completes properly.

What typically happens is that you will have listed your property with a realtor who markets the property and finds a buyer. The realtor will prepare the Contract of Purchase and Sale where the buyer agrees to buy and the seller agrees to sell the property. Once you have a contract signed by both parties, a notary or lawyer will act for each party to perform the contract. When you decide to sell your property, it is important to retain a notary early on so that we have sufficient time to process the transaction. Short notice transactions are possible but may incur additional expense. Sometimes you may choose to sell without a realtor and we can help with the reviewing or writing of the contract.

Some information needed will be whether you have any charges to clear from title including the lender reference numbers, who is the realtor, closing date and if taxes paid or not.

If the property is a rental property with tenants, make sure that the buyer knows this and it is mentioned in the contract. If the buyer intends to live in the property, make sure that legal notice is given to the tenants to vacate the property. Also include information regarding damage deposits, rental amounts, and names of tenants.

It is important to identify which items are included in the sale of your property. The contract should specify appliances or other items that you are taking with you (such as plants) or what stays for the buyer. If it states in the contract that the item stays, you cannot take it when you move out.

Wills

A Will is a document that when properly drafted and executed gives instructions that must be followed upon a person’s death regarding how they would like their estate to be distributed. The Will appoints an executor and trustee of your estate and a guardian of any infant children. We can prepare a Will that fits your needs as long as it is a simple Will that allows the beneficiaries to receive their gift at the age of 19.If you own assets in British Columbia as well as around the world, it is possible to have a Will that deals only with your British Columbia assets. If you die without a Will in British Columbia, your estate will be administered pursuant to the law of British Columbia rather than by choices made by you.

It is important to consider whom you would like to be the executor and trustee of your Will. You may also be choosing a guardian for your minor children. These are important decisions. Family members and those who will benefit under the estate are often obvious choices, but consideration should also be placed on the fact that a lot of work is required to administer an estate so choosing someone who is generally well organized is wise. The executor and trustee can charge up to 5% of the total value of your estate to pay for their work. If they charge a fee, the executor would have to pay income tax on the money earned.

Call for a questionnaire that can help you get started in the discussion of what you want your final word to be once you have died.

Enduring Power of Attorney

An Enduring Power of Attorney is a document which allows a person to authorize another person or persons (called the attorney) to sign documents and act on their behalf. A Power of Attorney is used for financial arrangements such as buying/selling assets and signing tax returns and not for any healthcare decisions. A Power of Attorney is used for a specific purpose and time period such as authorizing someone to sign documents to sell a house while you are out of town; or a Power of Attorney can be general in its scope and authorize a person to do anything that you could do. The Power of Attorney can be revoked at any time you choose. The Power of Attorney allows the attorney to make decisions and take actions when we become unable to act for ourselves. The Power of Attorney can also authorize the attorney to disburse your personal belongings and money if you are moving into a care facility.

There are many choices of what you can authorize or limit the attorney. Call or email for a questionnaire...it helps to get the conversations started.

Representation Agreement

A Representation Agreement allows you to appoint someone (or more than one) to help make decisions for personal and health care. It can also authorize withholding of life support or instructing the person to not withhold anything. A Representation Agreement can be cancelled at any time you choose as long as you are mentally competent. A Representation Agreement allows the person who is appointed to also talk to your doctors. A Representation Agreement gives you a voice even after loss of your mental capacity. Call for a questionnaire ....it gives you a starting point to figure out who, what and when someone can act for you.

Other Stuff

If you need to have a document certified as a true copy of the original document, or if you need a document notarized where you sign in front of the notary, we do that also. If you are travelling with a child but not with the other parent, we prepare travel affidavits which will let you in and out of countries.

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