This site is designed to help people whose home may be facing power of sale or foreclosure in Ontario. We will explain how to stop a power of sale or prevent an eviction. If you need information regarding a power of sale on your property, please call 416-499-2122 as soon as possible. We also have a list of lawyers that can provide FREE LEGAL ADVICE to stop a power of sale on your house.
Before a bank or lender in Ontario can put your home into foreclosure or power of sale, the home owner 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.
An Ontario lender can send you a “Notice of Default” after 15 days in breach of a mortgage condition. The home owner 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.
In most cases you should get a lawyer to arrange the legal paper work 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. Follow this link to our lawyer list.
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.
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.
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 The home owner can only gain access to the house if the repossession notice is rescinded or if the lender allows the occupants back in.
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 agents can tell you which houses in your area are up for power of sale or foreclosure and which ones are the best deal. Buyers should always use a lawyer when purchasing a power of sale property.
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.
In a power of sale the lender does not take title to the property. The lender does have the right to sell the property. Any remaining funds will go to the home owner. In the case of a foreclosure the mortgage holder will take title to the property. The property owner will receive no money once the house is sold. The foreclosure process is also much more expensive and time consuming than a power of sale.
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.
We specialize in Ontario power of sales and foreclosures. We can explain your options and tell you what is required to stop a power of sale or foreclosure. We cover most cities in Ontario including Toronto, Brampton and Mississauga.
Click here for more information on the Province of Ontario.