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K Page 1 of 2 Purchase File Assignment Introduction to Fact Situation You are working as a junior law clerk at the law firm of
K Page 1 of 2 Purchase File Assignment Introduction to Fact Situation You are working as a junior law clerk at the law firm of Michael, Eliad & Redford LLP, Barristers and Solicitors, 863 Seneca Lane, Toronto, Ontario, M4J 1P6 (416) 363-1079, fax: (416) 363-2628. Your immediate supervisor is Robert B. Redford, a lawyer at the firm. Janice Tacucci and Shia Clemmans have met with Mr. Redford and have retained the firm to represent them in the purchase of the property at 627 Sheraton Road, Burlington, Ontario. A copy of the executed Agreement of Purchase and Sale is posted on Blackboard with this assignment paper. The Offer was made in Janice's name alone as Shia was out of town on business at the time, however they will be taking title to the property together as joint tenants. Shia's full name is Shia Daniel Clemmans and he was born March 27, 1982. Janice was born December 18, 1986, and her full name is Janice Bella Tacucci. They are spouses of one another and this is their first home. The solicitor for the Sellers is Harold Howe of Dewie & Howe, Barristers and Solicitors, 989 Upper Middle Road, Oakville, Ontario L5X 6P6, tel: (905) 555-1234, fax: (905) 555- 2345. Shia and Janice's current address is 6000 Yonge Street, Suite 218, Toronto, Ontario M2M 2H5. Shia can be reached during business hours at (416) 555-0101 or on his cell phone at 416-555-0294. Janice can be reached at her business number (905) 555- 6789 or on her cell phone at (905) 555-6477. PARTI- 30 marks total 1 . The conditions in the Agreement of Purchase and Sale have now been satisfied. Conduct your title search, including writ searches against the registered owners of the property (exactly the way they appear on title) as well as against Janice and Shia (full names). Download the parcel register, execution certificates and save same to your computer for reference when completing your requisition letter. (6 marks) Shia and Janice have been approved for a new first mortgage in favour of TheK Page 1 of 2 Shia and Janice have been approved for a new first mortgage in favour of The Toronto-Dominion Bank in the principal amount of $550,000.00 bearing interest at 5.3% per annum, calculated half-yearly, not in advance, and repayable $2,618.09 monthly from and including the 11th day of January, 2024, to and including the 11th day of December, 2028, being the maturity date. The interest adjustment date is the date of closing. The Standard Charge Terms for this mortgage were filed by The Toronto-Dominion Bank as Number 207011 on April 6, 2005. The address for service for The Toronto-Dominion Bank is 180 Bay Street, Toronto, Ontario M5R 1M1. Fire insurance has been arranged through Intact Insurance at 5000 Yonge Street, Suite 900, Toronto, Ontario M2M 9H7. 2. Based on your title search and the other relevant information provided, prepare a requisition letter (Ireq.p in Conveyancer) for this transaction on firm letterhead (be sure to keep the requisition date in mind). Note the outstanding Instruments based on your review of the parcel register, and make sure you include the appropriate requisitions to protect your clients' interests. Save the letter to your computer. (6 marks) 3. Prepare the Direction Re: Title (dirtitl.p) for execution by the appropriate party, and save to your computer. (4 marks) 4 . Prepare the Purchaser's Undertaking to Readjust (ut_adj_p.p) for execution by your clients and save same to your computer. (2 marks) 5. Calculate the Land Transfer Tax payable upon registration of the Transfer. Show your work. (4 marks) 6. Prepare the draft Charge in favour of The Toronto-Dominion Bank and the Acknowledgement and Direction. Sign the electronic document for completeness. (8 marks)Page 2 of 2 6. Prepare the draft Charge in favour of The Toronto-Dominion Bank and the Acknowledgement and Direction. Sign the electronic document for completeness. (8 marks) Submitting Documents through Blackboard The following documents are to be submitted through Blackboard: 1. Parcel Register; Executions Certificates; Requisition letter; Direction re Title; Purchaser's Undertaking to Readjust; Draft Charge; 7. Acknowledgement and Direction for the Charge; 8. Calculation of Land Transfer Tax to be paid on this transaction
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