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In This Volume

  • 228 (1) A person, other than the director, who wishes to file a set of standard mortgage terms for purposes of adoption under section 225(5)(b), must make application to a registrar, accompanying the application with the proposed set of standard mortgage terms.
  • (2) The director may prepare one or more sets of standard mortgage terms and deliver them for filing under subsection (3).
  • (3) If a registrar considers that the set of standard mortgage terms received under subsection (1) is appropriate for filing under this section or if the registrar receives a set from the director under subsection (2), the registrar must
  • (a) file the set and assign a filing number to it,
  • (b) advise the applicant of the date on which the set was filed and the filing number assigned to it, and
  • (c) deliver a true copy of the set, identified with the date of filing and the filing number assigned to it, to each other land title office in British Columbia.
  • (4) The director may require that a set of standard mortgage terms that is proposed to be filed under this section be delivered to the registrar in an electronic form or in any other form that will facilitate the electronic entry of the set in the records of the land title office.
  • (5) A set of standard mortgage terms filed under this section
  • (a) must not contain any reference to any other set of standard mortgage terms for the purpose of incorporating a term ntained in the other set, and
  • (b) must set out the mortgage terms in numbered paragraphs.
  • (6) A set of standard mortgage terms must not, other than under section 226, be added to, varied or deleted.
  • (7) A set of standard mortgage terms that has been filed under this section is part of the records of all land title offices and each registrar may store the contents of the set by photographic, electronic or some other means approved by the director.

1979-219-219.4; 1989-69-25, effective April 1, 1990 (B.C. Reg. 53/90); 1991-12-5, effective May 1, 1992 (B.C. Reg. 33/92).

FORMS

Filing of Standard Mortgage Terms

The director has designated Standard Mortgage Terms as an approved supporting document for electronic filing.

The director’s requirements for hardcopy land title forms establish formatting requirements for a set of standard mortgage terms. These requirements are set out in Hardcopy Land Title Forms (DR 04-11) at ltsa.ca.

Form of Application

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Standard Mortgage Terms, and attach an image of the original Standard Mortgage Terms.

PRACTICE

Standard Mortgage Terms Must Be on File before Execution of Mortgage

Where a mortgage purports to incorporate a set of standard mortgage terms filed under s. 228, the set must have been filed before the execution of the mortgage.

Procedure Followed on Receipt of Set of Standard Mortgage Terms

Indexing Standard Mortgage Terms

The land title office assigns filing numbers from a single series that is common to all offices. The number is prefixed with the letters “MT” followed by a series of numbers.

Accessing Standard Mortgage Terms

All sets of filed standard mortgage terms can be retrieved in myLTSA.