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Affidavit Of Lost Deed

Affidavit Of Lost Deed Template for Canada

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Key Requirements PROMPT example:

Affidavit Of Lost Deed

"I need an Affidavit of Lost Deed for my Vancouver property as the original deed was destroyed in a house fire last month; the property has a mortgage with Royal Bank of Canada, and I need this document urgently to refinance."

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Document background
An Affidavit of Lost Deed is a crucial legal document required when an original property deed has been lost, destroyed, or become unavailable. This document is particularly important in Canadian real estate transactions and property management, as it provides a legal mechanism to address missing deed documentation. The affidavit must be sworn before a commissioner of oaths or notary public and typically includes detailed information about the property, the circumstances of the deed's loss, efforts made to locate it, and confirmation of current ownership status. It serves as a formal declaration that helps maintain the integrity of property records and facilitates necessary transactions or legal proceedings when the original deed cannot be produced. The document must comply with both federal and provincial legislation, including the Land Title Act and relevant Evidence Acts.
Suggested Sections

1. Title and Introduction: States that this is an Affidavit of Lost Deed and identifies the jurisdiction

2. Affiant Information: Full legal name, address, and occupation of the person making the affidavit

3. Property Description: Legal description of the property, including lot number, plan number, and municipal address

4. Original Deed Details: Information about the lost deed, including date of issuance, parties involved, and registration details

5. Circumstances of Loss: Detailed explanation of how and when the deed was lost or destroyed

6. Search Efforts: Description of efforts made to locate the lost deed

7. Current Ownership Confirmation: Statement confirming current ownership status and that no transfer or encumbrance has occurred

8. Jurat and Signature: Space for signature, date, and commissioner of oaths certification

Optional Sections

1. Previous Transactions: Details of any relevant property transactions since the deed was issued, used when there have been multiple transfers

2. Security Interests: Declaration of any mortgages or liens on the property, included when there are registered security interests

3. Supporting Witnesses: Statements from witnesses who can verify the loss or destruction of the deed, used when witnesses are available

4. Title Insurance: Information about any title insurance policy that may cover the lost deed, included when such insurance exists

Suggested Schedules

1. Property Title Search: Recent title search results showing current ownership and encumbrances

2. Property Survey: Copy of the most recent property survey or reference plan

3. Supporting Documents: Copies of related documents such as tax records or utility bills showing ownership

4. Police Report: Copy of police report if the deed was stolen or lost through crime

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




















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Relevant Industries

Real Estate

Legal Services

Banking & Financial Services

Insurance

Property Management

Construction

Municipal Government

Title Insurance

Relevant Teams

Legal

Real Estate Operations

Property Administration

Document Processing

Title Services

Risk Management

Compliance

Claims Processing

Relevant Roles

Real Estate Lawyer

Property Manager

Title Officer

Legal Assistant

Real Estate Agent

Mortgage Officer

Land Registry Clerk

Property Administrator

Real Estate Paralegal

Closing Coordinator

Claims Adjuster

Document Specialist

Industries





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