How a Mortgage Is Registered on Title at Alberta Land Titles

When you borrow against a home in Alberta, the lender usually wants its mortgage registered on the title to the property. Registration matters because the order in which instruments are registered decides how lenders rank against each other.

This article walks through what a mortgage is in Alberta law, how it gets registered, what the levy looks like and why registration order matters if more than one lender is involved. Your own file may differ, so a lawyer can confirm the details.

This article covers the law of Alberta.

What a registered mortgage is, and what it is not

Under the Land Titles Act, a mortgage is a charge on land created merely for securing a debt or loan. It is not a sale of your property to the lender.

A registered mortgage has effect as security only. It does not operate as a transfer of the land it charges, so you remain the registered owner.

The documents and steps

To register a mortgage, the borrower (the mortgagor) executes it in the prescribed form, or to the like effect. A lender may use a standard form mortgage. In that case, the standard terms are filed with the Registrar, who gives the filed copy an identifying number.

A mortgage registered using those standard terms must state that it consists of them, set out the principal sum, and be dated and executed by the borrower.

• The signed mortgage on the prescribed form is submitted to a Land Titles office by mail or drop-off.
• Fees are set by the Tariff of Fees Regulation and are required at the time of submission.
• The Registrar examines the request and assigns a serial number only once it is found complete and in proper form.
• Accepted documents are registered in the Alberta Land Titles Automation (ALTA) database and given a registration number, and the submitter receives a registration notice.

The Alberta government notes that in-person service was paused in Edmonton and Calgary, so confirm your options by phone before you go anywhere. Official processing times were not confirmed, so ask your lawyer what to expect on your file.

Why registration order decides priority

Priority between mortgagees, transferees and others is decided by the serial number the Registrar assigns to the instrument or caveat. Instruments on the same land rank by that system and not according to the date of execution. In short, registration order, not signing date, decides who is first and who is second.

A second mortgage is registered the same way as a first and carries its own levy. It ranks behind the first because the first has the earlier serial number.

A registered mortgage obtains priority for all the advances and obligations it secures, including advances made after another instrument or caveat is registered. A mortgage that provides a revolving line of credit up to a stated principal sum also takes priority for later advances, even if nothing is owing at some point in the term.

Lenders can agree to change their order. A person entitled to a registered mortgage may postpone their rights by filing a postponement in the prescribed form, which puts those rights behind the others as if registered after them.

The mortgage levy

The mortgage levy payable to the Registrar is $50 plus $5 for each $5,000 or portion of the principal secured. That means the levy grows with the amount of principal the mortgage secures, and a part of a $5,000 step counts as a full step. The rate rose from $1.50 to $5 per $5,000 for submissions received on or after October 20, 2024.

The reduced levy for related instruments has conditions, including that the new mortgagee is the same person as the mortgagee in the existing mortgage, that the new mortgage supplements, is collateral to, substitutes for or partially replaces the existing one, and that this is against one condominium unit. Whether it applies to your property is a question for your lawyer.

What to do next

• Ask your lender or lawyer which mortgage form and standard terms are being used.
• Check that the principal sum, names and legal description on the mortgage are correct before you sign.
• Ask what the levy will be and how it will be paid.
• If you have or plan another loan on the property, ask how the order of registration affects you.
• Keep the registration notice once it arrives.

Frequently asked questions