Commercial loans are unlike residential mortgages in that the latter are self amortizing, and as long as the resident has a well-chosen mortgage their payments will shrink in real terms as the life of the mortgage runs down. At a given point with a commercial loan, the payments may well begin to increase, having been agreed on the basis that profits from business will rise year-on-year. Depending on the nature of the loan, the case may well be that the borrower needs to look at refinancing the loan or repaying it in full. There are billions of dollars’ worth of commercial property loan coming due for refinancing or repayment this year – and several companies who are in no position to meet either of these conditions.

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Under the old rules, each bankrupt was required to prove their income to their trustee each month, generally by submitting copies of their pay stubs. If their income exceeded a set amount, the bankrupt was required to pay a penalty of half of the amount they were over the limit.

Those rules still exist, but with an added twist. If on average the bankrupt’s income is more than $200 over the limit each month, the bankruptcy period is extended by an extra year, and the bankrupt is required to make surplus income payments for an additional year.

in 2009 a single person with no dependents and no unusual expenses is permitted to earn $1,870 per month, after taxes. If they earn $2,470 per month, they are $600 over the limit, so they are required to pay a surplus income penalty of $300 per month. Even worse, because their surplus income is over $200 per month, their bankruptcy will last for 21 months, as compared to a bankruptcy with no surplus income that can end in 9 months. They are required to pay the $300 penalty for 21 months, so obviously the cost of the bankruptcy is double what it was under the old rules.

The above example applies in the case of a first bankruptcy. In a second bankruptcy the bankruptcy period is automatically extended to 36 months.

It is critical that a knowledgeable bankruptcy trustee is consulted before bankruptcy is filed, to do a detailed estimate of potential surplus income. Here’s why:

A quick review may indicate that the bankrupt is expected to earn $1,000 every two weeks, or $2,000 in a typical month. Since $2,000 is only $130 above the limit of $1,870, it would appear that this person can expect to be discharged from bankruptcy in nine months. However, that may not be the case.

Twice each year a person who is paid bi-weekly will receive three pays. In those months their income is $3,000, or $1,130 over the limit. If they have two of those three-pay months during the bankruptcy, their average surplus income will be higher than $200 per month, and their bankruptcy will be extended for an extra twelve months. Obviously expert advice is required to accurately estimate the payments required in a bankruptcy in Canada, and that advice should be obtained before you decide to go bankrupt.

The program in question is called Xenon, not to be confused with Xena the warrior princess on television. The program works by taking the names of “missing” taxpayers and hunting for them on the net. It trolls through forums, porn sites, auction sites, gambling sites and just about anywhere someone might drop their name.

There are, of course, a couple of problems with the internet sweep approach. First off, most people don’t use their real names when posting given the threat of identity theft. Second, the issue of privacy rights certainly would seem to come up, particularly if the program hacks into protected membership areas. Nobody has any answers to these issues because it is not entirely clear how the program works. Still, you can expect some controversy in the future.

If you don’t live in Canada or these other countries, you are probably wondering why you should care about this at all. Well, citizens of the United States should be on alert. The IRS annually reports tax gaps of hundreds of billions of dollars. A good percentage of this is due to people that just stop paying taxes. The IRS does not have the manpower to track all of them down, but things could become much easier if a simple computer could do it for them. If this occurs, all heck is going to break out for a lot of people. Imagine bidding on stuff on EBay only to find your debit card and bank account have been frozen!

In truth, people that don’t pay taxes only have themselves to blame. Still, the idea of the government sweeping the web for information is a more than a little troubling.

The preliminary agreement can take one of two forms. On the one hand, the preliminary agreement can be conditional. By conditional, it is meant that certain events need to occur or certain milestones accomplished before a contract can become firm. An example of such a conditional provision would be one to obtain financing. If the condition or conditions within the agreement cannot be satisfied for some reason, the seller will receive most of his or her deposit back.

A firm preliminary contract is one in which there are no conditional provisions. If a firm preliminary agreement is not fulfilled, financial penalties can be imposed. For example, if the seller does not perform under the contract, he or she will lose the deposit paid. Likewise, some sort of financial penalty will be imposed on the seller if he or she does not perform under the terms of the firm preliminary agreement.

Within the provisions of the preliminary agreement will be established a completion date. The completion date is when all of the conditions in the preliminary agreement need to met. It is at this point that the remainder of the purchase price will be paid by the buyer to the seller. (Obviously, the buyer will need to have his or her financing in place by this point in time.) It is at this juncture that the transfer of ownership of the property from the buyer to the seller will occur.

The money associated with the sale is paid whether through a solicitor or a notary. At this juncture, the buyer and the seller will sign what is known as a Definitive Contract. In the French-speaking province of Quebec, this is called Acte de Vente. In Quebec, the final part of the sale is overseen by a notary (or notaire in Quebec) who is a governmental official. In other provinces within Canada, a solicitor can oversee and handle the final steps of the real estate sales transaction.

In that most people will require financing to purchase property in Canada, it is important to generally understand the lending process in that country. For the most part, mortgages in Canada are so-called full status arrangements. Full status means that the lender will make a thorough and complete investigation of a borrower’s background and credit history.

In Canada, a purchaser of real estate will have to pay about 35% of the total purchase price out of his or her pocket. In many instances, this will be the size of the deposit associated with the preliminary contract to purchase property. The mortgage itself, in most cases, will be for a term of 25 years with the final payment needing to be made before the borrower reaches the age of 70.

Lenders in Canada pay very close attention to a borrower’s available income. Indeed, in most instances, a lender will closely analyze what a borrower will be expected to earn over the lifetime of the loan.

The mortgage loan itself will be secured by the property that is being purchased within Canada. Oftentimes a foreign national will seek to have property in another country utilized to at least partial zed collateralize a loan in another country. In Canada, this is not an accepted practice.

By understanding the ins and outs of the real estate purchase transaction in Canada, an investor will be in a far better position to make appropriate decisions pertaining to the buying and selling of property in that country.

Property Abroad always recommends using a Solicitor or Lawyer.