This Opinion and Guaranty of Title and Validity of Mortgage document is given by an
attorney to a bank, whereby the attorney gives his or her opinion as to the validity of the
guarantee and the mortgage registered against a borrower in favor of the bank. This
document contains standard clauses commonly used in these types of agreements;
however, additional language may be added to allow for customization. Use this
document if one is an attorney working for a bank and must give his or her opinion as to
the validity of the guarantee and the mortgage registered against a borrower in favor of
Opinion and Guaranty of Title and of Validity of Mortgage
OPINION AND GUARANTY OF TITLE AND OF VALIDITY OF
Re: Opinion and guaranty of Title and Validity of Mortgage in respect to ____________
Opinion as to Title of ________________
We have acted as counsel to _____________ (the “Bank”) in connection with
____________ (the “Purchaser”) purchase from ________________ (the “Vendor”) of
__________________ (the “Property”) pursuant to the terms of an Agreement of Purchase and
Sale dated the ___ day of __________, 2____ (the “Purchase Agreement”):
Capitalized terms used but not defined in this opinion have the respective meanings
attributed to those terms in the Purchase Agreement.
ASSUMPTIONS AND RELIANCE
For the purposes of the opinions expressed herein:
1. We have relied upon the accuracy, currency and completeness of the indices and filing
systems maintained by public offices where we searched or inquired or caused searches
or inquiries to be made, and upon such information and advice as provided to us by
appropriate governmental regulatory or other like authorities with respect to those matters
referred to in this opinion letter.
2. We have assumed, to the extent that any certificate or other document relied upon by us
for the purposes of this opinion letter has been dated prior to the date of this opinion
letter, that the information contained in the certificate or other document continues to be
valid, true and accurate as of the date of this opinion letter.
3. We have assumed the authenticity of all documents filed or registered in public offices
the genuineness of all signatures, the requisite legal capacity of individuals signing any
documents, the authenticity of all documents submitted to us as originals and the
conformity to authentic original documents of all documents submitted to us as certified,
conformed, telecopied or photocopied copies.
1. Based on our examination of the mortgage and all ancillary documents contained in the
public offices and the examination of the public records, we are of the opinion that the
Bank, being the mortgagee and the copy of the mortgage/charge of land annexed hereto
as Schedule “A” has been duly executed in accordance with laws of the governing
jurisdiction and constitutes a valid mortgage/charge of land on the Property. The
mortgage/charge of land is good and valid security for the indebtedness of the Purchaser
and that mortgage/charge of land is subject only to such encumbrances and liens as are
referred to in Schedule “B” annexed hereto.
2. We are of the opinion that ________________ (the “Guarantor”) being a qualified title
insurance company, is validly subsisting and guarantees to the Bank as mortgagee that
the mortgage/charge of land annexed hereto as Schedule “A” has been duly executed in
accordance with the laws of the governing jurisdiction. The Guarantor hereby further
guarantees to the Bank as mortgagee, that the Bank’s legal representatives, affiliates,
subsidiaries, successors and assigns, that the mortgage/charge of land constitutes a valid
mortgage/charge of land on the Property subject only to such encumbrances and liens as
are referred to in Schedule “B” annexed hereto.
3. The Guarantor hereby guarantees to the Bank that it/he/she shall pay to the Bank any and
all loss or damage, in an amount not to exceed the principal amount of the
mortgage/charge of land. The opinions expressed herein shall take full force and effect
upon execution of this opinion.
4. This opinion and guaranty shall not guarantee the validity of the mortgage/charge of land
or the genuineness of any signatures contained thereon.
Yours very truly,
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COPY OF MORTGAGE/CHARGE OF LAND
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LIENS AND ENCUMBRANCES
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