Purchasing or refinancing a property with others — whether with a brother, sister, business partner, or spouse — raises practical questions that are not always anticipated. Who must sign? What happens if one of the co-borrowers cannot be present? How does the notary ensure that each person truly understands what they are committing to? These questions deserve clear answers before showing up to sign the mortgage deed.
The Presence of All Signatories: A Concrete Requirement
When a mortgage deed involves several co-borrowers, each of them must in principle be present at the signing before the notary — or be duly represented. This is not merely an administrative formality: the signing of the deed is the moment at which the notary ensures that each party understands the nature and scope of the commitment they are making.
In practice, this means coordinating the availability of several people, sometimes with different scheduling or location constraints. For a file prepared in Laval, this can represent a considerable logistical challenge, especially when one of the co-borrowers resides outside Québec or abroad.
When a Co-Borrower Cannot Be Present
Quebec law provides for the possibility of using a notarial power of attorney to allow a person to represent an absent co-borrower at the signing. This mechanism has its own conditions, and the lender must generally accept it beforehand. Me Petrulian will explain the details during your consultation, including what is required according to the lender's specific instructions in your file.
What Each Person Signs — and What It Implies
In a mortgage loan with multiple borrowers, each co-borrower is bound by the deed in its entirety. This is not a responsibility shared on a prorated basis: under Quebec law, the solidarity of the commitments means that the lender may turn to either borrower for the full amount of the debt. This is a point that the notary is required to explain to each signatory before signing.
This explanation is not done hastily. The notary reads the deed, identifies the important clauses, and ensures that each person present understands what they are consenting to — regardless of their relationship with the other co-borrowers.
The Notary's Role in Identity Verification and Coordination
Identity Verification
Before any signing takes place, the notary verifies the identity of each signatory. This step applies to all co-borrowers present, without exception. When a power of attorney is used, the notary also ensures that the instrument of representation is in proper form.
Coordination with the Lender
The notary receives instructions from the lender — generally a financial institution — and ensures that the deed prepared complies with those instructions. In a file involving several co-borrowers, this coordination is more complex: the information for each party must be accurate, the loan conditions must be faithfully reflected, and the deadlines imposed by the lender must be met.
If a discrepancy arises between the instructions received and the actual situation of the parties — for example, a change in civil status or a modification of the down payment — the notary advises the parties concerned before proceeding.
Particular Situations to Anticipate
Certain configurations warrant special attention:
- Co-borrowers residing outside Québec: specific provisions apply, and preparing the file may take more time.
- Business partners: the ownership structure may interact with other legal documents already in place, such as a shareholders' agreement or a partnership contract.
- Unmarried spouses: the absence of an automatic legal framework for common-law partners makes the clarity of the deed all the more important.
In all of these cases, it is better to take the time to discuss the matter with the notary before signing, rather than discovering a complication on the day itself.
Consult Groupe Synergie Notaires
To prepare your mortgage file with several co-borrowers, contact Groupe Synergie Notaires at (514) 399-1009 or at info@gsnotaires.com. Me Petrulian and her team will guide you through every step of the signing process, from receiving the lender's instructions to delivering copies of the deed.
Frequently Asked Questions
Must all co-borrowers be present at the notary's office to sign the mortgage deed?
In principle, yes — each co-borrower must sign the deed before the notary, either in person or through a representative holding a notarial power of attorney accepted by the lender. The specific requirements vary depending on the financial institution involved.
What happens if a co-borrower refuses to sign or becomes unavailable before the closing date?
The absence or refusal of a co-borrower can block the transaction, as the signature of all parties is required for the deed to be valid. It is preferable to anticipate this situation with the notary as early as possible in order to explore the available options.
Is a co-borrower who does not live in the property still responsible for repaying the loan?
Yes — residing in the property has no bearing on the obligations arising from the mortgage deed. Each co-borrower is bound by the commitment made at signing, regardless of their use of the property.
The content of this article is provided for informational purposes only and does not constitute legal advice. As every situation is unique, it is recommended that you consult a professional in order to obtain advice tailored to your particular circumstances.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.