Mortgage arrears and enforcement can put a property and substantial financial interests at risk. Advice should be based on the mortgage documents, the notices received and the position of the borrower, lender or other affected party.
Borrowers: respond before deadlines pass
If you receive an enforcement notice or court claim, retain the complete documents and seek advice promptly. Ask about the amount claimed, available responses and whether refinancing, repayment or a negotiated resolution is practical. Do not assume that a complaint or discussion with the lender suspends a deadline.
Lenders: check the documents and process
Before taking enforcement steps, review the mortgage terms, payment history, security and relevant notices. Ontario’s Mortgages Act contains rules relevant to mortgage enforcement. The appropriate route and requirements depend on the circumstances; a general online checklist is not a substitute for reviewing the transaction.
Clarify the legal and financial questions
Ask your lawyer to explain the proposed enforcement process, the evidence needed, potential defences, costs and the effect on other interests in the property. Power of sale and court proceedings involve different issues. Discuss options early enough to make informed decisions.
Bring the essential records
- The mortgage, related agreements and any guarantees.
- Statements, payment history and a breakdown of the amount claimed.
- Notices, correspondence, court documents and service dates.
- Available property, title and refinancing information.
Hashmi Law Group provides real estate and mortgage litigation services. For procedural information, consult the Superior Court of Justice civil court resources. Contact the office to discuss advice for your matter.
This article offers general information and does not determine the validity of a notice, the amount owed or the appropriate response in a particular case.
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