Tag: real estate lawyer

  • Why Lawyers Are Needed In Real Estate Transactions?

    Why Lawyers Are Needed In Real Estate Transactions?

    Real Estate Closing - JCA Law Office

    By: Gin Aguilar and Aaliah Carlos

    I remember when I was still a little kid, whenever my kindergarten teacher asked our class to draw during art time, I would always draw a house with a small picket fence, protecting the colorful flowers and grass, a big tree and probably a car. These images come to us as distant fantasies, usually at young tender ages, still untouched by the realities of the world. Innocent and filled with hope, we dream of our futures, bright-eyed and excited. As we grow older, we strive to get that dream job, buy that dream car, stroll around with that one true love and of course, purchase and own that dream house that we used to draw when we were young.

    For most people, this will be one of the biggest decisions of their lives. Here in Toronto, purchasing a house will most likely be the most significant (and most expensive) decision you will ever make in your lifetime. There’s a lot of money on the line, not to mention the documents and legal papers that come with it.

    It is therefore crucial that all bases are covered. This includes a basic understanding of real estate law and why real estate lawyers are needed in real estate transactions.

    Real Estate Law Defined

    The legal definition of real estate law, otherwise understood as real property, resides in the understanding of the land itself. This historic notion of property and law dates back to our earliest settlers and their desires to socially construct their settlements and the necessary divisions amongst inhabitants (arguably not much has changed). The real property extends also to what sits on the land, such as the house. Many factors are involved regarding the transferability of property. This is where it can get a little tricky and oftentimes necessary to have a lawyer by your side. Quite frankly, we cannot always trust who we are engaging with or take things as important as property/real estate, at face value. Lawyers can ensure that all loopholes are covered and that all details are agreed upon and communicated clearly to you.

    Real Estate Process - JCA Law Office

    Understanding The Real Estate Closing Process

    Closing on property deals is the most crucial event in the purchase and sale transaction of real estate property, as this can be very confusing and complex both to the buyer and seller. It must be ensured that the deed and other closing papers are accurately prepared by someone who is knowledgeable and familiar with real estate closing law. This is a very detailed process and one cannot afford to miss any details.

    Initially, I found it strange whenever I heard that people who were in the process of either buying, or selling real estate property here in Canada, were in need of a credible real estate lawyer. Back in my native country, the Philippines, lawyers are not really needed when you buy or sell a house. People would depend more on their real estate broker/agent/bank, and usually, the people involved (buyer and seller) know and have already met each other in person. The legal aspects are not given that much weight. Unlike here in Canada, people live in a fast-paced environment, all those involved in real-estate transactions know that it is important to ensure that all the financial decisions and monetary transactions are protected. This can all be found in the legal agreement.

    Titles pass from seller to buyer, who then pays the balance of the purchase price. Usually, this balance is paid in part from the proceeds of a mortgage loan. A closing statement must be prepared prior to the closing, indicating the debits and credits to the buyer and seller. A real estate lawyer is often necessary in order to help you understand the nature, amount, and fairness of closing costs.

    At the end of the day, you want to make sure that the deed and mortgage documents you will be signing are properly executed, and that you’ll have peace of mind after the closing process has been completed.

    JCA LAW OFFICE has dedicated and knowledgeable lawyers who will gladly help you in your real estate closings (purchase and sale) and refinancing transactions. You may visit our main office at 168B Eglinton Ave. East, Toronto, ON M4P 1A6. We have another location right within the Philippine Consulate building at 160 Eglinton Ave. East, Suite 406, Toronto, ON M4P 3B5.

    You may also book your appointment by sending us an email at info@filipinolawyer.ca or book it online: https://jcalaw.ca/book-an-appointment/

  • First-Time Home Buyer Programs in Ontario: Complete 2026 Guide for Filipino Newcomers

    First-Time Home Buyer Programs in Ontario: Complete 2026 Guide for Filipino Newcomers

    First-Time Home Buyer Programs in Ontario: Complete 2026 Guide for Filipino Newcomers

    Last updated: February 7, 2026

    Introduction: Why This Guide Matters for Filipino Newcomers

    Buying your first home in Canada is one of the most exciting milestones for Filipino newcomers. After years of hard work, whether as a caregiver, healthcare professional, IT specialist, or in any other field, owning a home in Ontario represents stability and a brighter future for your family.

    But the process can feel overwhelming. Between unfamiliar tax programs, complicated mortgage rules, and the sheer cost of housing in the Greater Toronto Area (GTA), many Filipino first-time buyers miss out on thousands of dollars in government incentives simply because they do not know what is available.

    This guide breaks down every major program and incentive available to first-time home buyers in Ontario in 2026, with practical advice tailored specifically for Filipino newcomers. As of January 2026, the average home price in the GTA has dipped below million to ,289, making homeownership more accessible than it has been since 2021.

    Quick Summary of Savings: A first-time buyer in Toronto purchasing a ,000 home could save a combined ,000 to ,000+ through the programs listed below, depending on eligibility. Read on to learn how to claim every dollar you are entitled to.

    1. First Home Savings Account (FHSA) — The Newest Program

    The First Home Savings Account (FHSA) is Canada’s newest tool for first-time home buyers, launched in April 2023. It combines the best features of an RRSP and a TFSA: your contributions are tax-deductible (like an RRSP), and your withdrawals for a home purchase are completely tax-free (like a TFSA).

    How the FHSA Works

    FeatureDetails
    Annual Contribution Limit,000 per year
    Lifetime Contribution Limit,000
    Carry-Forward RoomUp to ,000 of unused room carries to the next year
    Tax DeductionContributions reduce your taxable income
    Withdrawals for Home Purchase100% tax-free (no repayment required)
    Account DurationMust close by the 15th anniversary of opening, or age 71, whichever comes first
    EligibilityCanadian resident, age 18+, first-time home buyer (not owned a home in the past 4 years)

    Why This Matters for Filipino Newcomers

    If you arrived in Canada recently, opening an FHSA should be one of your first financial steps. Even if you are not ready to buy a home yet, starting to contribute now means:

    • Immediate tax savings — every ,000 you contribute reduces your taxable income, saving you ,200 to ,000+ in taxes depending on your bracket
    • Tax-free investment growth — your money grows inside the account without any tax
    • Can be combined with the Home Buyers’ Plan (HBP) — use both FHSA and HBP for maximum savings

    Pro Tip: If you opened your FHSA in 2025 but did not contribute the full ,000, you can carry forward up to ,000 of unused room to 2026. That means you could contribute up to ,000 in 2026 and claim a significant tax deduction.

    2. Home Buyers’ Plan (HBP) — Withdraw from Your RRSP Tax-Free

    The Home Buyers’ Plan (HBP) allows first-time home buyers to withdraw up to ,000 from their RRSPs to purchase or build a qualifying home, without paying tax on the withdrawal. If you are buying with a spouse or partner who also qualifies, you can each withdraw ,000 for a combined total of ,000.

    Key HBP Rules for 2026

    FeatureDetails
    Maximum Withdrawal,000 per person (,000 per couple)
    Repayment Period15 years (starts 5th year after first withdrawal for 2022–2025 withdrawals)
    Annual Repayment1/15th of the total amount withdrawn each year
    EligibilityCanadian resident, first-time buyer (not owned a home in the past 4 years)
    RRSP Holding PeriodFunds must be in your RRSP for at least 90 days before withdrawal

    Important: Unlike the FHSA, HBP withdrawals must be repaid to your RRSP over 15 years. If you miss a repayment, that amount is added to your taxable income for the year. Plan your repayments carefully.

    FHSA + HBP: The Power Combination

    You can use both the FHSA and the HBP for the same home purchase. Here is how a Filipino couple could maximize their savings:

    SourcePerson 1Person 2Total
    FHSA (max over time),000,000,000
    HBP (RRSP withdrawal),000,000,000
    Combined Total,000,000,000

    That is up to ,000 in tax-advantaged funds for your down payment. For many Filipino families, this could cover a 20% down payment and avoid costly mortgage insurance entirely.

    3. First-Time Home Buyers’ Tax Credit (HBTC)

    The Home Buyers’ Tax Credit (HBTC) is a non-refundable federal tax credit that provides up to ,500 back when you file your taxes in the year you purchase your first home.

    How It Works

    • Claim ,000 on line 31270 of your tax return
    • The credit is calculated at the lowest personal tax rate (15%), giving you up to ,500
    • You must be a first-time home buyer (have not owned a home in the past 4 years)
    • The home must be registered in your name (or your spouse’s name) and located in Canada
    • You must intend to occupy the home as your principal residence within one year of purchase

    Easy to Claim: This credit is straightforward. When you file your taxes after buying your home, simply enter ,000 on line 31270. Your tax software will calculate the credit automatically. Do not forget this free ,500!

    4. Ontario Land Transfer Tax Refund for First-Time Buyers

    When you buy property in Ontario, you pay a provincial Land Transfer Tax (LTT) at closing. First-time home buyers can get a refund of up to ,000.

    Ontario LTT Rates (2026)

    Purchase Price PortionTax Rate
    First ,0000.5%
    ,001 to ,0001.0%
    ,001 to ,0001.5%
    ,001 to ,000,0002.0%
    Over ,000,0002.5%

    First-Time Buyer Refund

    • Maximum refund: ,000 (covers full LTT on homes up to ,000)
    • For homes over ,000: you still receive the full ,000 refund but pay the remaining LTT
    • Eligibility: Must be at least 18, a Canadian citizen or permanent resident, must move into the home within 9 months, and must never have owned a home anywhere in the world
    • How to apply: Your real estate lawyer applies for the refund at the time of closing

    Example: Ontario LTT on a ,000 Home

    PortionRateTax
    First ,0000.5%
    ,001–,0001.0%,950
    ,001–,0001.5%,250
    ,001–,0002.0%,000
    Total Ontario LTT,475
    First-Time Buyer Refund-,000
    Net Ontario LTT Payable,475

    5. Toronto Municipal Land Transfer Tax Rebate

    If you are buying in the City of Toronto, you pay an additional Municipal Land Transfer Tax (MLTT) on top of the provincial LTT. This effectively doubles your land transfer tax costs. However, first-time buyers can claim a rebate.

    Current Toronto MLTT Rebate (2026)

    • Maximum rebate: ,475 (covers full MLTT on homes up to ,000)
    • For homes over ,000: you receive the ,475 rebate and pay the remaining MLTT

    March 2026 Update — Expanded Rebate: Toronto City Council has approved an expansion of the first-time buyer MLTT rebate. Effective March 1, 2026, the rebate will provide the equivalent of a full rebate for first-time purchasers of residential properties valued up to ,000 (previously ,000). This is a major improvement that will save Toronto first-time buyers thousands of additional dollars.

    Combined LTT Savings in Toronto (First-Time Buyer)

    Tax/Rebate,000 Home (Before March 2026),000 Home (After March 1, 2026)
    Ontario Provincial LTT,475,475
    Ontario First-Time Refund-,000-,000
    Toronto MLTT~,475~,475
    Toronto First-Time Rebate-,475-,475 (expanded)
    Total LTT Payable~,475~,475
    Total Savings from Rebates,475,475

    Important for Toronto Buyers: If you are planning to purchase in Toronto, waiting until after March 1, 2026 to close could save you thousands in MLTT thanks to the expanded rebate. Talk to your real estate lawyer about timing your transaction.

    6. GST/HST New Housing Rebate

    If you are buying a newly built home (from a builder, not a resale home), you may be eligible for a GST/HST rebate. There are two programs to be aware of:

    Existing GST/HST New Housing Rebate

    • Federal portion: Rebate of 36% of the GST paid, up to a maximum of ,300
    • Full rebate available for homes priced up to ,000
    • Rebate phases out between ,000 and ,000
    • No rebate for homes priced above ,000
    • Ontario portion: Additional rebate of 75% of the provincial portion of HST, up to ,000

    NEW: First-Time Home Buyer GST/HST Rebate (Proposed)

    Major New Incentive: The federal government has proposed a first-time home buyer GST/HST rebate that would eliminate the entire 5% federal GST on new homes valued up to million. This could mean savings of up to ,000 on a new build. The rebate phases out linearly between million and .5 million. This applies to agreements of purchase and sale entered into on or after May 27, 2025.

    Note: The first-time home buyer GST/HST rebate is proposed legislation and has not yet received Royal Assent. The CRA will not process claims until the legislation is passed. However, if you are buying a new-build home, this is something to discuss with your lawyer.

    7. CMHC Insured Mortgage — Buy with Just 5% Down

    Many Filipino newcomers assume they need a 20% down payment to buy a home. That is not true. With a CMHC-insured mortgage, you can buy with as little as 5% down.

    Minimum Down Payment Requirements (2026)

    Purchase PriceMinimum Down Payment
    ,000 or less5% of purchase price
    ,001 to ,499,9995% of first ,000 + 10% of the remainder
    ,500,000 or more20% (no CMHC insurance available)

    Down Payment Examples

    Home PriceMinimum Down PaymentAmount
    ,0005%,000
    ,0005% + 10%,000
    ,0005% + 10%,000
    ,289 (GTA avg.)5% + 10%,329

    Key Benefits for First-Time Buyers in 2026

    • 30-year amortization: First-time home buyers can now amortize their mortgage over 30 years (instead of the standard 25 years), lowering monthly payments
    • Insured mortgage price cap raised to .5 million: You can now use CMHC insurance for homes up to .5 million (previously million)
    • Lower stress test qualification: Insured mortgages often come with slightly lower interest rates

    Did You Know? CMHC mortgage insurance is added to your mortgage balance and paid over the life of the loan. It is not an upfront out-of-pocket cost. This makes it much easier for newcomers to get into the market sooner.

    8. Special Mortgage Programs for Newcomers

    Canadian banks offer special mortgage programs designed specifically for newcomers who may not have an established Canadian credit history. As a Filipino newcomer, you should explore these programs:

    Major Bank Newcomer Mortgage Programs (2026)

    BankProgramEligibility WindowKey Features
    RBCNewcomer MortgagePR within 12 months; Work Permit within 48 monthsAs low as 5% down; limited credit history OK; foreign income considered
    TDNew to Canada MortgagePR within 5 years; Work Permit within 2 years3+ months Canadian employment; flexible credit requirements
    CIBCNewcomer MortgagePR within 5 years; Work Permit 12+ monthsLimited credit history OK; Canadian income required
    ScotiabankStartRight ProgramPR or Temporary Resident within 5 yearsDown payment must be from own funds (no gifts); credit building tools
    BMONewStart ProgramPR within 5 years; Work Permit holders130-day rate hold (longest among big banks); flexible qualifications

    Tips for Filipino Newcomers Applying for a Mortgage

    1. Get pre-approved early: Even before you start house hunting, get a mortgage pre-approval. This tells you exactly how much you can afford.
    2. Build Canadian credit fast: Get a secured credit card, use it for small purchases, and pay it off in full every month. Even 3–6 months of credit history helps.
    3. Gather your documents: Have your employment letter, pay stubs, bank statements, and proof of down payment ready. If you have a 35%+ down payment, you may qualify without Canadian credit history.
    4. Consider bringing 35% down: With a 35% down payment, RBC and other banks may approve your mortgage with minimal Canadian credit or employment history. This is especially useful if you are transferring savings from the Philippines.
    5. Shop around: Do not just go to one bank. Compare rates from at least 3 lenders, including a mortgage broker who can access rates from multiple lenders.

    9. Step-by-Step: Buying Your First Home in Ontario

    Here is a simplified roadmap for Filipino first-time home buyers in Ontario:

    Step 1: Get Your Finances in Order

    • Open an FHSA and start contributing
    • Build your credit score (aim for 650+)
    • Save for your down payment (minimum 5%, ideally 20%)
    • Budget for closing costs (typically 1.5–4% of the purchase price)

    Step 2: Get Mortgage Pre-Approval

    • Visit your bank or a mortgage broker
    • Ask about newcomer mortgage programs
    • Get a pre-approval letter (typically valid for 90–130 days)

    Step 3: Find a Real Estate Agent

    • Choose an agent familiar with your target neighbourhoods
    • Filipino-speaking agents may help with communication if needed
    • Your agent will help you search, negotiate, and submit offers

    Step 4: Make an Offer and Negotiate

    • Submit an Agreement of Purchase and Sale (APS)
    • Include conditions: financing, home inspection, lawyer review
    • Pay a deposit (typically 5% of the purchase price, held in trust)

    Step 5: Hire a Real Estate Lawyer

    • Your lawyer reviews the Agreement of Purchase and Sale
    • Conducts title search and ensures the property is free of liens
    • Handles land transfer tax payments and applies for first-time buyer refunds
    • Registers the property in your name on closing day

    Step 6: Fulfill Conditions

    • Complete home inspection
    • Finalize mortgage approval with your lender
    • Arrange home insurance (required by your lender)
    • Waive conditions once everything is satisfactory

    Step 7: Closing Day

    • Your lawyer handles the transfer of funds and documents
    • You sign mortgage documents and title transfer
    • Pay closing costs (land transfer tax minus rebates, legal fees, adjustments)
    • Receive your keys

    Typical Closing Costs Breakdown

    Cost ItemEstimated Amount
    Land Transfer Tax (Ontario)Varies (see calculator above)
    Toronto MLTT (if in Toronto)Varies (see calculator above)
    Legal Fees,500–,500
    Title Insurance
    Home Inspection
    Appraisal Fee– (sometimes covered by lender)
    Property Tax AdjustmentDepends on closing date
    Utility Connection Fees
    Moving Costs–,000

    10. Common Mistakes Filipino Newcomers Make When Buying a Home

    After helping many Filipino clients with their real estate transactions, we have seen some common mistakes that first-time buyers should avoid:

    Mistake 1: Not Opening an FHSA Right Away

    Many newcomers do not know about the FHSA or delay opening one. Every year you wait is ,000 in tax-deductible contribution room you cannot get back. Open an FHSA as soon as you arrive in Canada, even if buying a home is years away.

    Mistake 2: Not Claiming the Ontario LTT Refund

    Some buyers do not realize they qualify for the ,000 provincial refund (and the ,475+ Toronto rebate). Your real estate lawyer should handle this at closing, but make sure you confirm it. At JCA Law Office, we always ensure our clients receive every rebate they are entitled to.

    Mistake 3: Sending Money from the Philippines Without Proper Documentation

    If family members in the Philippines are gifting you money for your down payment, you need a signed gift letter confirming the funds are a gift (not a loan). Your lender will also want to see the paper trail of funds entering Canada. Keep all wire transfer receipts and bank statements.

    Mistake 4: Buying More Home Than You Can Afford

    Just because the bank pre-approves you for a certain amount does not mean you should spend that much. Factor in property taxes, utilities, maintenance, and your existing obligations (such as sending money to family in the Philippines). A general rule: your total housing costs should not exceed 30–35% of your gross household income.

    Mistake 5: Skipping the Home Inspection

    In competitive markets, some buyers waive the home inspection to make their offer more attractive. This is risky. A inspection could save you tens of thousands in unexpected repairs. Always include an inspection condition in your offer if possible.

    Mistake 6: Not Hiring a Real Estate Lawyer Early Enough

    In Ontario, you must have a lawyer to complete a real estate transaction. Do not wait until the last minute to find one. Engage your lawyer before you start making offers so they can review your Agreement of Purchase and Sale and advise you on any red flags.

    Mistake 7: Not Understanding the Difference Between Freehold and Condo

    Many Filipino newcomers come from the Philippines where condominiums are popular but work differently. In Ontario, condo ownership means paying monthly maintenance fees on top of your mortgage. These fees can be –,000+ per month. Always factor condo fees into your budget and review the condo’s status certificate before purchasing.

    11. Complete Summary: All First-Time Buyer Incentives at a Glance

    ProgramTypeMaximum BenefitWho Qualifies
    FHSASavings account,000 lifetime (tax-deductible + tax-free withdrawal)First-time buyers, 18+, Canadian resident
    Home Buyers’ Plan (HBP)RRSP withdrawal,000 per person (,000 per couple)First-time buyers, funds in RRSP 90+ days
    Home Buyers’ Tax Credit (HBTC)Tax credit,500First-time buyers
    Ontario LTT RefundTax refund,000First-time buyers in Ontario
    Toronto MLTT RebateTax rebate,475 (expanding March 2026)First-time buyers in Toronto
    GST/HST New Housing RebateTax rebateUp to ,300 (federal) + ,000 (provincial)New-build homes under ,000
    FTHB GST/HST Rebate (proposed)Tax rebateUp to ,000First-time buyers, new homes under M
    30-Year AmortizationMortgage benefitLower monthly paymentsFirst-time buyers with insured mortgages

    12. How JCA Law Office Can Help with Your Real Estate Closing

    JCA Law Office Professional Corporation has extensive experience helping Filipino newcomers complete their real estate transactions in Ontario. As a firm that understands the unique needs of the Filipino-Canadian community, we provide:

    • Complete real estate closing services — from reviewing your Agreement of Purchase and Sale to handing you your keys
    • Land transfer tax rebate applications — we ensure you receive every dollar of the Ontario and Toronto first-time buyer refunds
    • Title search and insurance — protecting your investment from title defects and fraud
    • Mortgage documentation — coordinating with your lender to ensure a smooth closing
    • Guidance on all first-time buyer programs — we help you understand which incentives you qualify for
    • Tagalog and English service — clear communication in the language you are most comfortable with

    Ready to Buy Your First Home in Ontario?

    JCA Law Office Professional Corporation is here to guide you through every step of your real estate closing. We proudly serve the Filipino-Canadian community across the Greater Toronto Area.

    Call us today: (647) 243-2286
    Email: info@jcalaw.ca
    Office: Scarborough, Ontario (serving all of the GTA)

    Frequently Asked Questions

    Can I use the FHSA and HBP together?

    Yes. You can withdraw from both your FHSA and your RRSP (through the Home Buyers’ Plan) for the same home purchase. This gives you access to up to ,000 per person (,000 per couple) in tax-advantaged funds.

    I just arrived in Canada. Do I qualify as a first-time home buyer?

    Generally, yes. Most programs define a first-time buyer as someone who has not owned a home (or had a spouse/partner who owned a home) in the past 4 years. If you never owned property in Canada, you likely qualify. However, the Ontario LTT refund requires that you have never owned a home anywhere in the world. If you owned property in the Philippines, you may not qualify for the Ontario LTT refund, though you may still qualify for other programs.

    Can I use money from the Philippines as my down payment?

    Yes, but you need to properly document the source of funds. Keep records of wire transfers, bank statements showing the funds in your Philippine account, and a gift letter if the money is from family. Your lender will want a clear 90-day paper trail of where the funds came from.

    Do I need a lawyer to buy a home in Ontario?

    Yes. Unlike some countries, Ontario requires a lawyer to complete real estate transactions. Your lawyer handles the title search, land transfer tax, mortgage registration, and transfer of funds. This is not optional — it is a legal requirement.

    What credit score do I need to buy a home?

    Most lenders require a minimum credit score of 600–650 for insured mortgages. However, newcomer mortgage programs from major banks (RBC, TD, CIBC, etc.) may be more flexible if you have been in Canada for less than 5 years. If you have a 35% down payment, some lenders will approve you with minimal credit history.

    How much are closing costs in Ontario?

    Budget for approximately 1.5% to 4% of the purchase price for closing costs. This includes land transfer tax (minus any rebates), legal fees (,500–,500), title insurance (–), and other adjustments. For a ,000 home, expect ,000 to ,000 in closing costs after first-time buyer rebates.


    This guide is for informational purposes only and does not constitute legal advice. Tax laws and government programs are subject to change. Please consult with a qualified lawyer and financial advisor for advice specific to your situation. Information is current as of February 2026.

  • Income needed to pass the stress test

    Income needed to pass the stress test

    Numbers Assume a 2.99% 5-Year Fixed Mortgage Rate Wth a 25-Year Amortization.

    The average price of a home in Canada is $491,000 according to the Canadian Real Estate Association (CREA).

    And if you take out Toronto and Vancouver, the national average is slipped to 2% in the last 12 months. Under the new Mortgage Stress Test, target buyers now have to prove that they will be able to catch up with their bills even if their mortgage rate rose to .02 points.

    In Toronto and Vancouver, Canada’s two most expensive markets, people are now turning to another less pricey condo and townhomes due to stricter mortgage rules.
    So, how much and what is the average income these days to qualify for a loan to buy an average-priced house in Canada’s largest cities?

    Based on the mortgage affordability calculator from the site Ratehub.ca, here are the numbers we got, see the image on the left side.

    Reference: https://globalnews.ca/news/4139837/heres-the-income-you-need-to-pass-the-mortgage-stress-test-across-canada/

  • How To Stress Test Your Mortgage

    How To Stress Test Your Mortgage

    What are the things do I need to consider before engaging to real estate or mortgage?

    I was thinking to buy a house, and I have so much thinking and planning to consider. I need to assess myself if I could afford it and layout all the possible worst-case scenario in case something happened due to a loss or unforeseen expenses. It is like gearing-up when it is cloudy and buying travel insurance when considering a long trip or vacation. It is the same way taking a mortgage or real estate.

    Is it necessary to assess mine before buying a house?

    The OSFI introduced new and tighter rules for requiring borrowers with uninsured mortgages.

    The Office of the Superintendent of Financial Institutions (OSFI) introduced new, tighter rules, requiring borrowers with uninsured mortgages (those putting a down payment of 20 percent or more) to undergo a stress test. As of Jan. 1, 2018, uninsured borrowers must now qualify as a new minimum rate — the greater of the Bank of Canada’s five-year benchmark rate, which currently sits at 4.99 percent, or 200 basis points higher than their mortgage rate.

    While the stress test aims at ensuring that borrowers can afford mortgage rate hikes, some sources are questioning — if not outright opposing — the latest mortgage rule.

    How the stress test works?

    A stress test is a way of determining exactly how much you could afford and under what scenario or twist of unexpected events like my income has been reduced due to job loss. Could I still afford to take a mortgage or monthly payment? What if the interest rate in the market spike-up? Do you think I could afford to refinance my home?

    This type of planning is very crucial for a few reasons. First, the interest rate is on the rise. So, too are the mortgages. According to the Canadian Real Estate Association, the national average home price was $496,500 in December 2017 with a year-over-year increase of 5.7%

    If I could still afford to pay my home in the case of interest spike per year, then I could start shopping and re-evaluate my budget.

    Due to new housing loan rules that came into effect last January 1, 2018, all homebuyers are required to get either the high-ratio mortgage or an uninsured mortgage are now subject to mortgage stress test and we should be qualified at a rate that is higher than I can pay.

    The minimum qualifying rate (or stress test) for consumers getting uninsured mortgages– borrowers with a down payment of 20% or more– will be the greater of the Bank of Canada’s five-year benchmark rate (presently 4.89%) or 200 basis points above the mortgage holder’s contractual mortgage rate.

    I may need to weigh my options; Do I save enough for higher down payment and defer the price of my real estate property or house? Or simply choose the more affordable home?

    The real estate team of JCA LAW OFFICE could help you.

    Only you could know the best answer based on your income status. It is still the best idea to talk to the expert in real estate closings like JCA Law Office if you want to consider buying a home.