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Mortgage Variation Agreement Template for Canada

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Key Requirements PROMPT example:

Mortgage Variation Agreement

"I need a Mortgage Variation Agreement to modify an existing mortgage by reducing the interest rate from 5.8% to 4.2% and extending the amortization period by 5 years, with the changes to take effect from March 1, 2025."

Document background
The Mortgage Variation Agreement is a critical document used in Canadian lending practices when modifications to an existing mortgage are required without creating an entirely new mortgage agreement. This document becomes necessary when borrowers need to adjust their mortgage terms due to financial circumstances, interest rate changes, or other significant factors affecting the original mortgage agreement. The agreement must comply with both federal banking regulations (such as the Bank Act and Interest Act) and provincial property laws, making it essential to adapt the document to the specific province's requirements. A properly executed Mortgage Variation Agreement allows lenders and borrowers to modify specific terms while maintaining the security and validity of the original mortgage, saving time and costs compared to creating a new mortgage. The document typically includes details about payment adjustments, interest rate changes, amortization modifications, or other variations to the original terms, while explicitly preserving unchanged aspects of the original agreement.
Suggested Sections

1. Parties: Identification of the Lender and Borrower(s) with their full legal names and addresses

2. Background: Details of the original mortgage including date, registration number, property description, and reason for variation

3. Definitions: Definitions of key terms used in the agreement, including 'Original Mortgage', 'Property', and 'Variation Date'

4. Interpretation: Rules for interpreting the agreement, including relationship to original mortgage

5. Variation Details: Specific changes being made to the original mortgage terms (e.g., interest rate, payment amount, amortization period)

6. Effective Date: When the variations take effect and any conditions precedent

7. Confirmation of Other Terms: Statement that all other terms of the original mortgage remain unchanged

8. Costs and Expenses: Responsibility for legal and administrative costs of the variation

9. Representations and Warranties: Borrower's confirmation of continuing accuracy of original representations

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Security Confirmation: Confirmation of existing security arrangements - include when there are multiple security documents

2. Guarantor Consent: Required when the original mortgage has guarantors who must consent to the variation

3. Insurance Requirements: Include when variations affect insurance requirements or property value

4. Priority Arrangements: Required when there are other registered charges requiring priority consideration

5. Additional Property: Include when variation involves adding additional property as security

6. Spouse's Consent: Required in provinces where matrimonial property laws require spouse's consent to modifications

Suggested Schedules

1. Schedule A - Property Description: Legal description of the mortgaged property

2. Schedule B - Original Mortgage: Copy or summary of the original mortgage agreement being varied

3. Schedule C - Payment Schedule: Revised payment schedule showing new payment amounts and dates

4. Schedule D - Variation Terms: Detailed description of all variations being made to the original mortgage

5. Appendix 1 - Consent Forms: Required consent forms from guarantors, spouses, or other parties

6. Appendix 2 - Supporting Documents: Additional documents supporting the variation (e.g., property appraisal, insurance certificates)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Banking & Financial Services

Real Estate

Legal Services

Mortgage Lending

Property Development

Consumer Finance

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Legal

Mortgage Operations

Credit Risk

Compliance

Real Estate Finance

Document Processing

Customer Service

Underwriting

Property Services

Banking Operations

Relevant Roles

Mortgage Specialist

Loan Officer

Real Estate Lawyer

Banking Compliance Officer

Mortgage Underwriter

Credit Risk Manager

Legal Counsel

Property Manager

Financial Advisor

Mortgage Broker

Banking Operations Manager

Real Estate Agent

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Title Officer

Legal Administrative Assistant

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