What is Power of Sale?

A power of sale is a commonly used method in Ontario, which allows the mortgage lender to sell your property. Our experts can stop this legal process and keep you in your home.

What is a Foreclosure?

A foreclosure is less common in Ontario. Like a power of sale, foreclosure allows the mortgage lender to sell your property, as well as get ownership. Our experts can stop the foreclosure process.

When can a bank or lender put my house into Power of Sale or Foreclosure ?

Before a bank or lender in Ontario can put your home into foreclosure or power of sale, the homeowner must be in breach of one of the mortgage terms. The most common mortgage breach is non-payment of the mortgage. There can be many other reasons such as no house insurance.

What information must the lender send the homeowner?

An Ontario lender can send you a “Notice of Default” after 15 days in breach of a mortgage condition. The homeowner then has 30 days to fix the default. If the default has not been fixed after 30 days the lender can issue a “Statement of Claim”. The claim can be filed at any local court house. A copy of the “Statement of Claim” will be sent to all parties that have an interest in the property.

What happens if I do not look at the legal papers sent to me?

Once a notice of the claim is sent you are deemed to be aware of any and all legal actions regarding the power of sale. The power of sale will continue and you will be evicted from your house unless you act to stop it.

Should I get a lawyer to Stop Power of Sale?

In most cases you should get a lawyer to arrange the legal paperwork for power of sales and foreclosures. We can also provide a list of lawyers that can give you a free consultation regarding your power of sale. Most lenders in Ontario use lawyers that are located in Toronto. If you are not located in the GTA having a local lawyer could make the process smoother.

Want to buy a Power of Sale or Foreclosure home?

Many people know that buying a power of sale or foreclosure property can save them a lot of money. The reality is that it is fairly hard to buy power of sale or foreclosure home. Lenders have a duty to get the highest value when selling a property. But, foreclosure homes can be sold below market value. Our real estate agents can tell you which houses in your area are up for power of sale or foreclosure and which ones are the best deal. Please call to talk to one of our real estate agents. Buyers should always use a lawyer when purchasing a power of sale property.

What is an Ontario Land Tax Sale?

If the property taxes have not been paid on a property the local municipality has the right to sell the house. This is usually called a land tax sale. In most cases a municipality will wait for a few years before taking any action. They will notify the property owner of a potential tax sale before it happens. The owner can stop the sale by paying the outstanding taxes and any penalties.

Experiencing Eviction or Repossession?

An eviction happens when the local sheriff enforces “Eviction Notice”. Once the eviction time and date have been set the sheriff will escort everyone out of the house. The mortgage holder will be given vacant possession of the house. The home owner is not allowed back in the house without permission of the lender. This means all contents of the house could become the property of the lender. The only way to stop an eviction notice is to pay all the funds requested by the lender.

What does a Sheriff do and what is a Sheriff’s Notice?

A sheriff is an officer of the court and is authorized to remove any occupants from a property with an order provided by the court. The Sheriff will give the occupants written notice prior to the eviction. The notice will include the date and time of the eviction. A sheriff’s notice can only be cancelled by the person who issued it.

What does a Home Repossession mean?

A repossession notice usually comes from the mortgage lender or their lawyer. The notice means that the home or property will be repossessed by the lender. The present occupants of the house will be evicted from the house. The home owner can only gain access to the house if the repossession notice is rescinded or if the lender allows the occupants back in.