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Why hire a legal hypothec lawyer?
We offer a service of drafting and registration of notices of legal hypothecs of the syndicate of co-ownership at a decreasing rate according to the number of notices to be drafted.
A lawyer specialized in legal hypothec verifies the formal conditions of the legal hypothec. A legal hypothec must be on the right kind of materials and work. To comply with the formal conditions, the hypothec must also add value to the building with construction, expansion or renovation work. The real estate law and the construction law are complex areas. It is therefore crucial to refer you to a lawyer to assert your hypothec rights.
The benefits of hiring a legal hypothec lawyer
This type of hypothec falls under priority law. It is also called security law. This sector of the law focuses on guarantees for the payment of debts and targets buildings, but also movables, under certain conditions.
The professional lawyers of FISET LEGAL have cutting-edge knowledge of the real estate legal community. For example, a legal hypothec lawyer check if your mortgage is registered on a property. We can also help you:
- Draft, review and improve your mortgage contracts
- Break a contract
- Drafting and registering a legal hypothec
- Claim your mortgage rights
- Provide expert legal advice
- Do the case law research
When to consult a lawyer in legal hypothec?
In Quebec, there are 4 types of legal hypothecs registered on a property. In addition, unlike the conventional mortgage, the 4 forms of legal hypothecs are governed solely by law. Hence the importance of consulting a lawyer to assert your rights, mortgage rights being real rights.
This form of hypothec has priority over the conventional mortgage, even if the latter is published before. The beneficiary therefore has a priority right to the hypothecary creditor on the property on which the legal hypothec is registered.
This type of mortgage thus favors any professional who has participated in a construction project or the renovation of a building. Thus, protects the sums due at the end of the work done by:
- Contractors and sub-contractors
- Material Suppliers
A state debt protection hypothec. Any amount due according to tax laws, claims of legal persons governed by public law as long as these are provided for in specific laws.
This hypothec is registered in the appropriate land or furniture register. It sometimes covers real estate in addition to buildings. A notice must also be served on the debtor and it ranks as soon as it is entered in the appropriate register.
Protection of the payment of common expenses and contributions to the provident fund. Note that the mortgagee who wishes to take possession of a fraction of co-ownership is required to pay the common charges due by this fraction.
The creditor may request a statement of charges owed by the fraction and the latter is only required to pay if he receives this information from the syndicate within 15 days of his request.
This type of hypothec exists for the benefit of the creditor who obtains a judgment condemning a debtor to pay a certain amount. This judgment also does not need to become enforceable.
A court judgment mortgage affects a property, furniture, sometimes even both. It also ranks as soon as it is registered and served on the debtor.
Frequently asked questions about the legal hypothec lawyer
How to denounce a legal hypothec?
According to article 2728 of the Civil Code of Quebec, suppliers of materials and services who have not contracted directly with the owner of the building must send a notice of denunciation to the owner of the place. By doing business with a legal hypothec lawyer, you have the assurance that this notice of denunciation is transmitted without delay to the owner and is limited to the work carried out and the materials provided after the transmission of this notice.
About Cabinet Fiset Legal
Looking for a legal mortgage lawyer? FISET LÉGAL allows you to benefit from the cutting-edge expertise of our specialized lawyers. Our firm mainly focuses its activities in the field of construction law, co-ownership and real estate law. We thus offer a service of drafting and registration of notices of legal hypothecs of the syndicate of co-ownership at a decreasing rate according to the number of notices to be drafted.
Drafting of notice of legal hypothec by a lawyer from FISET LÉGAL
The FISET LEGAL law firm is able to help you with all your real estate and construction matters. Feel free to contact a lawyer from FISET LEGAL for more information on our rates. Note that the following legal hypothecs are on a sliding scale depending on the number of notices to be written:
- For syndicate of co-owners;
- Legal hypothecs for construction and for persons who participated in the construction or renovation of a building;
How do I know if a property has a legal hypothec?
Your lawyer checks for you, with the Land Registry, if the property in question has this type of hypothec.
What are the hypothec remedies of a syndicate of co-ownership?
According to the condominium law, the syndicate may, referring to the declaration of co-ownership, claim the amount due for the current year and the next two to small claims.
However, to keep this hypothec, the syndicate must submit to one of two actions. The syndicate must publish an action against the owner in default or register a notice of exercise of a hypothecary right. These actions are mandatory within 3 years of registration of the hypothec notice.
FISET legal is a law firm offering comprehensive expertise, at your service for 10+ years.
Our attorneys offer their expertise in litigation and in real estate law, condominium law, construction law and all other related legal fields.
Our attorneys aim at advising you strategically, in your best interest and in order to optimise the results on file, proportionally considering the costs and the complexity of the file. We act in complex as well as in simpler cases.