The different choices available to Canadians struggling to fulfill their financial mortgage obligations is determined mostly by what type of lending procedures are practiced in their province. Properties in Ontario, Newfoundland, New Brunswick or Prince Edward Island have mortgage agreements that initiate the primary recoupment process using the power of sale. In the provinces of Manitoba, Quebec, Alberts, Saskatchewan and British Columbia, the courts supervise a Judicial sale to recover the money owed. Although it is referred to as a Mortgage Foreclosure in Nova Scotia, the method is essentially the same as a Judicial sale. In Ontario, both options are available to financial institutions who are facing delinquent payments.
The power of sale provision in the mortgage contract gives all those who sign the contract a personal liability on the loan and can be done without a court’s involvement. Fifteen days following the borrower’s notification of the mortgagee’s intention to enforce the power of sale, communications are sent to anyone with an interest in the home, such as statutory lien holders, advisors or claimants of any subsequent encumbrance. Timing is dependent on whether the power of sale agreement is contractual, giving the borrower 35 days to remit the full amount — or a statutory power of sale which allows the borrower 45 days to sell the property and pay the balance.
Lenders are not able to proceed with their collection until this redemption stage is completed. This gives the borrower a opportunity to sell the property on the open market and clear the mortgage in full from the proceeds. This allows the borrower a chance to liquidate the property on the open market and with the proceeds repay the lender in full. The conditions of power of sale demand that both parties attempt to get the largest possible selling price with a paper trail to prove it or face legal action. If you are unable to recuperate the full amount of the equity in your house, the legal action can be taken from the lender for the balance.
As the name implies, a Judicial sale demands that the mortgage holder apply to the court to be allowed to sell the property. The judge then mediates the discussions between the mortgage holder and mortgagee, assigns a timetable for a resolution and mediates any disagreements that arise. The emission of an order absolute by the courts relieves the mortgagor of needing to be accountable to the lender’s ability to reclaim the entire amount owed from the liquidation of the house. With an order absolute, any other lenders or second mortgages have to be compensated from the sale of the property by the primary mortgage holder.
The idea of both mortgage procedures — the power of sale and Judicial sale — is to allow the mortgagee a fair chance to keep their house by settling the overdue amount. If further money cannot be secured under this timeline, payment extensions can sometimes be discussed or a longer redemption period allowed before the home is given to the lender.