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In This Volume

  • 226 (1) If Part 2 of the mortgage consists of the set of standard mortgage terms prescribed under section 227 or a set of standard mortgage terms filed under section 228, the set may be modified by making additions, amendments or deletions.
  • (2) If a modification is made,
  • (a) Part 1 of the mortgage must contain a statement, in the manner approved by the director, to that effect, and
  • (b) the modification must
    • (i) if space permits, be included in Part 1 of the mortgage, or
    • (ii) if space does not permit, be attached as a schedule to Part 1 of the mortgage.
  • (3) If, as a result of a modification referred to in subsection (1), there is an inconsistency between a term contained in the set of standard mortgage terms and one of the modified terms, the latter prevails.

1979-219-219.2; 1989-69-25, effective April 1, 1990 (B.C. Reg. 53/90); 2004-66-98, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

Modifications

For an explanation about how to make an addition, amendment, or deletion, see the Completion Instructions for Form B at Item 10 in the

  • Directions for Completing EFS Forms; and
  • Land Title Web Filing Form Practice Guides,

which are at https://ltsa.ca/professionals/land-title-practice/e-filing-user-guides-and-publications/.

PRACTICE

Only in those cases where either the prescribed or a filed set of standard mortgage terms have been incorporated into a mortgage by reference is it possible to make an addition, amendment, or deletion. This section does not apply where express mortgage terms are annexed to the mortgage as Part 2.