Remove Mortgage From Title

Summary

In Alberta, to remove a mortgage from a land title when the mortgagee and executor are deceased, you may need to obtain a discharge statement from the estate, provide evidence of any verbal agreement, and possibly seek a court order. The Limitations Act may apply, potentially making the mortgage unenforceable after 10 years. Without witnesses, gather any written correspondence or affidavits referencing the agreement. Consulting with a lawyer or the Land Titles Office is advisable for specific guidance.

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My mom got a private loan from an individual back in *' of $*,* and by * *% of it was payed off but the mortgagee died in * and forgave the *,* by the executor of the will but wasn't given a written agreement just a verbal agreement. The executor died not long after that as well as the lawyer that wrote up the mortgage. We want to remove the mortgage from the land title how can we do this? We live in Alberta Canada
Hello ****,
To remove the mortgage from the land title in Alberta, you may need to:
- Obtain a discharge statement from the deceased mortgagee's estate.
- Provide evidence of the verbal agreement to the Land Titles Office.
- Possibly obtain a court order if the Land Titles Office requires more proof.
Have you contacted the Land Titles Office for their specific requirements?
Is there a length of time where a loan or mortgage can be removed due to a amount of time being passed
In Alberta, the Limitations Act may apply to your situation. Here are some key points:
- Generally, a claim must be made within 10 years from when the right to enforce the mortgage arose.
- After 10 years, it may be possible to argue that the mortgage is unenforceable due to the passage of time.
Have you consulted with a lawyer about the specifics of your case?
Well no one is attempting to enforce it but we want the mortage removed as it was paid
In Alberta, to address the issue of removing the mortgage from the land title, you might consider the following steps:
- Obtain a discharge statement or evidence from the deceased mortgagee's estate.
- Provide proof of the verbal agreement to the Land Titles Office.
- If needed, seek a court order to remove the mortgage.
Have you consulted with the Land Titles Office or a lawyer for more specific guidance?
How would you have proof of a verbal agreement Provide proof of the verbal agreement to the Land Titles Office.
To provide proof of a verbal agreement to the Land Titles Office, you may consider the following:
- Gather any witnesses who were present during the verbal agreement.
- Collect any documents, emails, or correspondence that reference the verbal agreement.
- Provide affidavits from yourself and any witnesses about the verbal agreement.
Have you gathered any such evidence or consulted with a lawyer for assistance?
The one other person present it dead
I'm sorry to hear about your situation, ****. In this case, it may be challenging to prove the verbal agreement without witnesses. You might consider:
- Providing any written correspondence that mentions the agreement.
- Seeking legal advice for alternative evidence or next steps.
Have you consulted a lawyer for further assistance?