Some homeowners may have to pay the lender the difference between what they owe on their house and how much the lender recovers during the foreclosure process. This is known as a deficiency judgment. When someone can no longer pay their mortgage, they risk losing their home through a legal … [Read more...]
Can You Buy a Home Without a Lawyer in Alberta?
While it may be tempting to DIY the homebuying process and save on legal fees, there are many benefits to hiring a lawyer, including having a faster and lower stress experience. It is springtime and the start of homebuying season is here. If you are thinking of buying a home, you may be … [Read more...]
Edmonton’s Encampment Case: What does it mean for future cases?
The Coalition for Justice and Human Rights' August 2023 constitutional challenge to the City of Edmonton’s encampment removals did not succeed, but this case wasn't the first of its kind and likely won't be the last. As housing in Canada and Alberta becomes increasingly expensive, many people … [Read more...]
Electronic signatures and digital leases
More and more people are signing documents electronically, including digital leases, but are these documents legally binding the same way paper copies and ink signatures are? What happens when you electronically sign a document like a digital residential lease? Is it legally binding like a … [Read more...]
High Ratio vs. Conventional Mortgages
How the Court deals with a home foreclosure depends on whether the mortgage is a high ratio, insured mortgage or a conventional mortgage where the borrower's down payment was at least 20% of the value of the home. If you are facing foreclosure in Alberta, it is important to know what type of … [Read more...]
All About Rental Fees (Part 2): Parking fees, late payment of rent fees, and lease break fees
Part 2 of this 2-part article looks at whether rental fees like parking fees, late payment of rent fees, and lease break fees are legal under Alberta's Residential Tenancies Act. Over the past year, CPLEA has been hearing about confusion over fees that landlords are charging tenants. The first … [Read more...]
All About Rental Fees (Part 1): Refundable vs non-refundable
Landlords try to charge fees, both refundable and non-refundable, for lots of things, but are these rental fees legal? CPLEA has been hearing lately about confusion over fees that landlords are charging tenants. There also seems to be confusion about whether increasing fees triggers rent … [Read more...]
Houseless Encampments: A political or legal issue?
Provincial and municipal laws apply to houseless encampments, but adequately addressing the root of the issue involves policy changes and political will. On November 23, 2022, an Encampment Response Team (ERT) composed of members from the City of Edmonton, Boyle Street Community Services, … [Read more...]
Double take on mortgages
Getting a mortgage to buy a home is a significant decision. Five things you should know about mortgages include lending terms, security for the mortgage, open vs. closed mortgages, and defaulting on the mortgage. AUTHOR'S NOTE Some of the following content is adapted from CPLEA’s Nested course. … [Read more...]
Canada’s First-Time Home Buyer Incentive Explained
Answers to your questions about Canada's First-Time Home Buyer Incentive, including who is eligible, how it works, repaying it, and other associated costs. In September 2019, the Government of Canada introduced the First-Time Home Buyer Incentive. The purpose of the Incentive is to make home … [Read more...]
