Purpose of Form:
Form 27 is used by an authorized lawyer to remove or cancel the recording of a recorded interest from the parcel register of one or more land titles parcels.
The form may also act to remove other documents and interest holders which relate to the actual document being cancelled, discharged or removed (e.g. – release of mortgage or debenture which in addition to the mortgage/debenture can act to remove an amendment, assignment, assumption, postponement or renewal of that mortgage or debenture). This is permitted even if the related documents are not specifically named on the release document. These interests however can only be removed if the Form 27 instructs their removal. Staff may never remove any interests, even if they know that they relate unless the form specifically instructs them to do so.
If the interest holder name that is being removed is currently enabled by a correction document (Form 6A, 17, 17A or 49), the “Reference to Related Instrument” must display the correction document recording particulars as it is the document that currently enables the interest. The recording particulars of the document that the correction relates to should also be included.
Interests left on the parcel register that the lawyer should have instructed be removed by the Form 27 will require an authorized lawyer to submit a correction form to remove.
Errors on a Form 27 which pre-date May 4, 2009 (that did not contain a CLE), can be corrected using a Form 49. The lawyer may choose to submit a Form 6A rather than a Form 49 which is also acceptable.
Instrument Type: Based on document attached
LR or ROD: This form is indexed under the Land Registration system only.
Mandatory E-Submission Applies: Yes (Except where system limitations exist that prevent the submitter from revising the parcel register(s) appropriately). Refer to: E-submission limitations for further details.
Fee Required: Yes - Note: a release that includes multiple mortgages or debentures incurs a recording fee per mortgage or debenture released. A separate fee does not apply to remove one mortgage or debenture and associated documents to the mortgage or debenture such as amendments, assignments, etc.
Accompanying Instrument Required: Yes
Acceptance Criteria:
Correct registration district is provided
Submitter user number and name – required to be the authorized lawyer who is signing the Form 27
Compliance with Pre-recording checklist (for document attached)
If a partial release of mortgage is being submitted; a 'Schedule A' must be attached
Form 27 includes only LR PIDs
Number of PIDs on form does not exceed 9
A box re POA has been selected
Interest holder and type to be removed is completed and is appropriate for the document attached
Interest holder being removed matches the name on the document;
If the name of the releasor does not match the interest holder name being removed, because the interest holder is deceased, the release must contain the following;
A recital explaining how the mortgagee interest has passed to the releasor, and
Proof of death must be attached
If name of the releasor does not match interest holder name being removed, the box indicating that the releaser is a successor has been checked
EXCEPTIONS:
The Department of Community Services has an agreement with CMHC whereby CMHC is responsible for administering the program. In this case, CMHC will be a party in the release document since they are authorized to release mortgages for the Dept. of Community Services. The Dept. of Community Services must be submitting the form to record the release, in order for the fee to be exempted.
It is acceptable if a change of name document is attached to the release of mortgage as proof that the releasor has authority to sign the release, where the former lender's name is appearing in the parcel register. In this case, the successor statement must not be selected, as it is not applicable where the change of name document wasn't recorded at the land registration office.
“Reference to Related Instrument” field is completed and is appropriate for the document attached
Note: The reference must include the document number and year OR the book and page for the document. If the document number provided is 'unique' (where a document number is 8 digits or more, a year is not required).
Certificate of legal effect on form is dated and signed