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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
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I have a brother living in Ontario I sent him a year and a

Customer Question

I have a brother living in Ontario
I sent him a year and a half ago $ 900,000.00 as a loan to purchase a land in London - Ontario ,
I want to discharge of a mortgage I hold on the This land .
His lawyer prepared the documents necessary to discharge the mortgage and and he informed me that he is holding in escrow a promissory note in my favour signed by Sayed Emara as a replacement for the mortgage. And he informed me that he reluctant to process any of these documents until I obtain independent legal advice, preferably from an Ontario/Canadian lawyer.
So I wonder what is the legal document should my brother sign to guarantee that he will send my money back
Submitted: 2 years ago.
Category: Canada Law
Expert:  Tom B. replied 2 years ago.
HelloThis cannot go ahead unless you have independent legal advice. You have already been told so. It could be that the documents are fine but unless you have a lawyer working for you to sign off on what is presented, it is not secure. The is a promissory note. That could be all you need or worthless. You have no choice but to contact an Ontario lawyer. Here is a link to the lawyer referral service. Call and ask for lawyers who do real estate law. You will get a few names of lawyers who have agreed to consult for free and you may consult with one or all., ultimately you will have to chose a lawyer and pay for that person to give you a letter that you received independent legal advice. The other lawyer is duty bound ethically to warn you to review the documents with your own lawyer.This is the only next step possible in my opinion.I hope I have clarified the legal situation.Sincerely,Tom

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