Matters of Conveyance in Ontario
If there is a mortgage registered on title which is not being assumed, it really need not be requisitioned. It still must be discharged whether or not it were requisitioned “in time”.
The difficulty is old mortgages which have long since been paid off. Someone forgot to get a discharge and register it against title. Now, it must indeed be requisitioned. It starts out as the Seller’s problem, but if it’s missed then this encumbrance becomes the Buyer’s problem.
Anything which is regular and ordinary in the normal course of conveyancing need not be requisitioned within the time limit.
For example you would not have to request a Deed. The Seller is under an obligation to execute a Deed no matter what.
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