Illegal Title Transfer, Now What?

Published on 29 August 2022, 07:22:56 AM

You’re a victim of illegal title transfer. Now what, you say?

Illegal transfer of property is fraud, and like all frauds it can be difficult to catch or reverse without being taken financially.

What is a False Deed?

False deeds can be documents a fraudster downloads from the Internet, or creates to make it appear they are on title to an Ontario property. You could be fooled into buying, renting, or mortgaging a property after being presented with a false deed that resembles a land registration document. 

How to transfer ownership of a house in Ontario. 

What Illegal Transfer of Property Is and Isn’t

Illegal transfer of property is:

• forging title to a property 
• impersonating the owner to register title in your name
• mortgaging or selling property you don’t own
• removing a divorced or separated spouse or common law partner without a court order
• using coercion or undue capacity to force the title holder to transfer a property to you
• preying on someone who is mentally incapable of managing their financial affairs
• using a forged power of attorney to change a title.

What also makes a deed void is having a minor or illegal immigrant sign it, with or without unlawful intent. 

Stop a construction lien when you buy or sell property.

Illegal title transfer isn’t:

• removing a deceased title holder  
• making a legal change of name on house title in Ontario 
• adding a name to house title in Ontario for out of “natural love and affection” (typically a gift between family or spouses)
• making a financial claim or lien that blocks a property sale.

Don’t list the matrimonial home for sale without consent.  

What to Do About Illegal Title Transfer

Property title transfer (Ontario) fraud victims can:

• file a local police report
• talk to a real estate lawyer or financial advisor
• inform the Ontario Land Registry Office.

Losses and legal fees may be recoverable under the Ontario Land Titles Assurance Fund. 

Legal Action for ‘Quieting’ of Title in Ontario

You can ‘quiet’ or fix an illegal transfer of property by seeking declaratory relief from an Ontario court. If successful, the court will declare your rights and duties as registered owner, or other party with a legal interest in a home, property, or land. To seek relief, the title must be void, unenforceable, illegal, or prejudicial (disadvantageous) to you, even though it may appear legal. 

Withdraw your offer to purchase a home.  

Why You Need a Lawyer

Axess Law adds title insurance to property you buy or sell in Ontario to protect you from the most obvious frauds that can delay or cause a real estate transaction to fall through. 

Insurance for Illegal Title Transfer

A one-time title insurance fee protects you from:

• title defects that affect your right to clear ownership, like public record errors or survey mistakes
• sellers’ unpaid debts, including construction liens and property taxes
• property line disputes with neighbours
• having your title stolen or property mortgaged by a title fraudster
• or other problems that may prevent you from selling or leasing your property. 

Our licenced legal team searches land title records to ensure they haven’t been fraudulently interfered with. We advise you if we find any legal issues with new or existing property deeds in the Ontario land registry. Your title is deposited with a local land titles office, and a copy given to you for your records.

Add Family Members to Title

Axess Law can add a family member to property title in Ontario when you share a mortgage loan, or want to declare a joint tenancy for Will purposes. Joint tenancy gives title holders survivorship rights to apply to an Ontario court to have your name removed from title after you die.

You can spare your family members the trouble of waiting for your Will to be distributed by declaring them joint tenants on title to a property you co-own. Spouses, common law partners, or adult children can all share title to your property, making them potentially eligible to claim an automatic right of survivorship.

Arrange spousal consent if you list or sell. 

Include Lenders on Title When You Get Mortgage Financing

Axess Law real estate lawyers liaise with lenders to add them to title to your property when you obtain a mortgage loan. We process legal documents for mortgage refinancing if you decide to switch lenders when your mortgage comes up for renewal, or refinance properties to pay for upgrades or to add a secondary suite.

Find a lawyer when you refinance your mortgage. 

Low Cost Flat Fee Lawyers 

Flat fee legal services cost less than you would normally pay because you get only the lawyer services you absolutely need. Your invoice is all inclusive, with no hidden surprises or extra charges.  

If a real estate deal falls through who gets the deposit? 

Sell your home for $799.99 and up plus HST, or $999.99 and up plus HST when you buy a new build or resale property. Title to your property transfers for just $649 plus HST and up, or mortgage refinances start at $799.99 plus HST.

We meet you in person at any open Axess Law office in Ottawa or the Greater Toronto Area, or you can connect virtually using your home computer, laptop, tablet, or any compatible mobile device.  

Find a condo lawyer in Greater Toronto Area or Ottawa. 

Video Conference with Virtual Lawyers Today 

Live outside the GTA or Ottawa? Video conference remotely with an Axess Law virtual real estate lawyer from anywhere in Ontario. Our online video conferencing software lets you access lawyers privately and confidentially, at your convenience. E-sign and have real estate documents witnessed virtually without the fuss and bother of ever again travelling to a traditional lawyer’s office. 

What to expect when you use a virtual real estate lawyer.

Book Online or By Phone in Minutes

Arrange appointments in person, or by using our easy online booking form. Drop by Axess Law locations in Greater Toronto Area or Ottawa to book yours. Phone toll free to 1-877-402-4207, or call our 647-479-0118 lawyer line for flexible day or evening appointments that suit your schedule. 

Try our onsite parking, or take the bus. We’re close to major transit stops.