Mortgage instructions are one of the most crucial aspects of the transaction when purchasing a property. These instructions provide the legal framework for transferring funds from the lender to the borrower (purchaser) and ensure that all parties are aware of their responsibilities. However, it’s not uncommon for buyers and their lawyers to wonder how late a bank can send mortgage instructions. This article will discuss the timeline for mortgage instructions and what happens if they arrive late.
What are Mortgage Instructions?
Mortgage instructions are legal documents that outline the terms and conditions of a mortgage. They provide instructions to the borrower and the lawyer on how to complete the transaction, including the amount of the mortgage, interest rates, insurance amount, payment frequencies of the mortgage, first payment date and other details.
How Late Can a Bank Send Mortgage Instructions to a Lawyer?
There is no predetermined or set timeline for when a bank or lender must send mortgage instructions to a lawyer. However, banks (or lenders) generally aim to send these instructions as early as possible to allow the lawyer enough time to review and complete the transaction. Usually, they will send mortgage instructions to lawyers at least five business days before closing or earlier.
What Happens if Mortgage Instructions Arrive Late?
If mortgage instructions arrive late, it can cause delays and potentially jeopardize the transaction. The lawyer needs to have the funds in their trust account on the closing date to process the money transfer to the seller’s lawyer’s office and ensure a smooth closing. In some cases, the closing may have to be rescheduled, which can cause inconvenience and additional expenses for all parties involved. However, it’s essential to note that late mortgage instructions can be due to various factors, including delays on the lender’s part or unforeseen circumstances.
What Can Buyers and Lawyers Do if Mortgage Instructions Arrive Late?
If mortgage instructions arrive late, buyers and lawyers should communicate with the lender and try to resolve the issue as soon as possible. Buyers should remember that delays can cause additional costs, such as interest charges or penalties, and should be prepared to negotiate with the lender to cover these expenses. Additionally, buyers and lawyers should work together to ensure all necessary documents are prepared and ready for the closing.
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Summary
In conclusion, mortgage instructions are essential legal documents that outline the terms and conditions of a mortgage. In most cases, lenders aim to send mortgage instructions to lawyers at least five business days before closing, but there is no set timeline for when they must be sent. If mortgage instructions arrive late, it can cause delays and additional expenses. Buyers and lawyers should communicate with the lender and work together to resolve the issue as soon as possible.
Insight Law Professional Corporation is a real estate law firm located in Toronto. If you need legal assistance with your real estate transaction, contact us today to learn how we can help.
The information provided above is of a general nature and should not be considered legal advice. Every transaction or circumstance is unique, and obtaining specific legal advice is necessary to address your particular requirements. Therefore, if you have any legal questions, it is recommended that you consult with a lawyer.
