FIJ POV

I have written before that accepting the role of Estate Trustee can be a headache instead of an honour. However, there can also be a downside such as having to personally pay litigation costs. This article will not cover all the circumstances and items for which an Estate Trustee may be personally responsible but will cover an example of when distrust and suspicion between trustees escalated and caused one Estate Trustee to be ordered to personally pay $30,000.00 of the legal costs of the other trustee.

The completion of a commercial lending transaction is not always as straightforward as a borrower may hope. Borrowers often mistakenly believe that once a loan agreement or commitment letter is signed, funds may flow from the coffers of the bank to the account of the borrower in short order. Understanding some of the major steps that need to be completed between the signing of the loan agreement and the flow of funds will help to lessen the stress which may accompany these types of transactions.

The existence and concept of a construction lien is not new, however unless you are involved in the construction industry it is unlikely that you have ever had to deal with one. If you are considering having construction work done on your home or want to embark on the journey of building your own home, it is a good idea to familiarize yourself with what a construction lien is, what you can do to protect yourself from having a construction lien registered against the title to your property, and what to do if or when a construction lien is registered on title.

There has recently been a fair bit of media attention focused on title fraud. The stories speak about people “losing” their properties to fraudsters or finding out about mortgages that have been fraudulently registered on the title to their homes. Despite the seriousness of these...

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