What Is a Mortgage Registration in Alberta and How Does It Work

When you buy a home with a mortgage, your lender will tell you the mortgage is going to be registered at Land Titles. It can sound like the lender is taking your house. It is not, and understanding what registration does can take much of the worry out of closing.

This article explains in plain terms what a mortgage is under Alberta law, what is filed, how registration affects the order in which lenders get paid, and what it costs. Your own documents and situation may differ, so a lawyer can confirm the details for your purchase.

This article covers the law of Alberta.

What a registered mortgage actually is

The Land Titles Act defines a mortgage as a charge on land created merely for securing a debt or loan.

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

In practical terms, the lender gets a recorded claim against the property. If you repay the loan as agreed, that claim is removed when the mortgage is discharged.

What gets filed and how

To register a mortgage, the borrower (called the mortgagor) executes it in the prescribed form, or to the like effect.

Lenders may use a standard form mortgage. The standard terms are filed with the Registrar, who gives the filed copy an identifying number. A mortgage registered using those terms must state that it consists of them, set out the principal sum, and be dated and executed by the mortgagor.

Documents are submitted to a Land Titles office on the prescribed form, by mail or drop-off. Fees are set by the Tariff of Fees Regulation and are required at the time of submission. In-person service was paused in Edmonton and Calgary, so it is wise to confirm your options by phone.

Accepted documents are registered in the Alberta Land Titles Automation (ALTA) database and given a registration number. The submitter then receives a registration notice.

How registration decides who is first in line

The Registrar assigns a serial number to an instrument only after the request is examined and found complete and in proper form. The serial number and date are endorsed on the certificate of title.

Priority between mortgagees, transferees and others is decided by that serial number. Registration order, not signing date, decides who is first and who is second.

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

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 rights they are postponed to.

A registered mortgage also gets priority for all the advances and obligations it secures, including advances made after another instrument or caveat is registered.

What registration costs

The mortgage levy payable to the Registrar is $50 plus $5 for each $5000 or portion thereof of the principal secured.

The increase applies to submissions received on or after October 20, 2024, and raised mortgage registration from $1.50 per $5,000 of value to $5 per $5,000.

• If the Registrar does not accept the mortgage for registration, the levy is returned to the payer.
• When the new mortgagee or caveator is the same lender as in a subsisting mortgage against one condominium unit, and the new mortgage supplements it, is collateral to it, substitutes for it, or partially replaces it, the levy applies only to the additional interest or principal.
• The levy does not apply to the Crown in right of Canada, and applies to the Crown in right of Alberta only for certain agents and bodies.

Your lawyer's fees and other closing costs are separate, so ask for a full breakdown before closing.

What to do next

• Ask your lawyer to explain the mortgage terms before you sign.
• Confirm who is submitting the documents and when.
• Check that the principal sum stated in the mortgage matches your lender's commitment.
• Keep your registration notice and a copy of the registered mortgage.
• When the loan is fully paid, request your discharge. The lender must furnish it within 30 days of full payment.

If something looks different from what you were told, raise it with your lawyer before closing rather than after.

Frequently asked questions