Hometime

Hometime · Alberta legislation

RTA Residential Tenancies Act

RTA · Land Titles Act

128 Assignment for Benefit of Creditors Assignment for benefit of creditors

Current to 2025-01-31 · Official PDF

(1) On an assignment being made by the owner of any land,
mortgage or encumbrance for the benefit of the owner's creditors,
the assignee or trustee of the owner may register the assignment,
and may at any time afterwards apply to the Registrar to be
registered as owner of the land, mortgage or encumbrance, and the
Registrar shall, pursuant to the application, transmit the land,
mortgage or encumbrance to the assignee or trustee, who on that
transmission becomes the owner of the land, mortgage or
encumbrance and is vested with all the rights and powers that the
assignor was possessed of, and the title of the assignee or trustee
relates back to and takes effect from the date of the assignment.
(2) The Registrar shall not, in issuing a certificate of title to the
assignee or in any entries the Registrar may make regarding the
transmission, refer to the fact that the new owner is the assignee or
RSA 2000

trustee, or that the new owner holds the land, mortgage or
encumbrance for any other than the new owner's absolute use, and
for the purpose of any registered dealing with the land, mortgage or
encumbrance the assignee or trustee is deemed to be its absolute
owner.
RSA 1980 cL-5 s129