Mortgage disputes require attention to the loan documents, payment history, security and any notices already delivered. Hashmi Law Group advises and represents lenders and borrowers in Ontario mortgage litigation and enforcement matters, subject to conflict checks.
Mortgage Disputes We Handle
- Mortgage arrears, default and disputed balances
- Private mortgage and loan agreement disputes
- Enforcement and collection proceedings
- Power of sale and foreclosure matters
- Discharge, payout and priority disputes
- Disagreements concerning guarantees or other security
For routine financing or refinancing, see our real estate transaction services. This page focuses on contested mortgage matters and enforcement.
Advice and Representation for Lenders
We review the mortgage terms, security, payment records and the nature of the alleged default. Before recommending an enforcement step, we consider the applicable requirements, existing encumbrances and the practical prospects of recovery.
Depending on the circumstances, work may include demands, settlement negotiations, proceedings for payment or possession, and advice concerning the appropriate enforcement route. Enforcement must follow the applicable documents and legal requirements; the available options are not interchangeable.
Advice and Representation for Borrowers
If you receive a demand, notice of sale or court documents, seek advice promptly. We assess the amount claimed, payments credited, the underlying obligations and any available response or defence.
Where appropriate, we assist with negotiations about repayment, refinancing or other settlement arrangements. We can also assess disputed charges, discharge issues and court proceedings. Receiving legal advice does not itself suspend a deadline or stop enforcement.
Power of Sale and Foreclosure
Power of sale and foreclosure are different legal processes. Which route may be available, and what steps are required, depends on the mortgage, the applicable law and the circumstances.
Our assessment focuses on the documents and notices already issued, the stage of enforcement and the client’s objectives. We explain the options and risks before recommending action rather than assuming that the same approach fits every mortgage dispute.
Documents to Prepare
- The mortgage, charge terms, loan agreement and guarantees
- Payment records, statements and payout calculations
- Demand letters, notices and court documents
- Relevant title information and other registered security
- Correspondence about repayment, extensions or refinancing
Include a timeline and identify upcoming sale, hearing or response dates. Tell us whether you are the lender, borrower, guarantor or another interested party when requesting a consultation.
Ontario-Wide Representation
We assist clients throughout Ontario and clients outside the province who require Ontario legal services. In-person and virtual consultations are available through our North York (Toronto) and Mississauga offices.
Why Choose Hashmi Law Group?
Our practice brings more than 17 years of legal experience, regular courtroom work and careful document preparation to contested matters. We discuss strategy, costs and practical next steps with you. Learn more about our team.
Legal FAQs
Do you represent both private lenders and borrowers?
Yes, in separate matters and subject to conflict checks. We identify who we represent and the scope of our work before accepting a retainer.
Can you stop a power of sale?
That cannot be promised. The available options depend on the documents, stage of enforcement, finances and legal grounds. Prompt review is important.
Can a mortgage dispute settle without a trial?
Sometimes. A negotiated resolution may be possible, but it depends on the parties’ positions and the available financial and legal options. Any arrangement should be properly documented.
Related Legal Services
Real estate and mortgage litigation overview · Debt recovery and credit litigation
Official resource: Ontario Mortgages Act.
Discuss Your Next Step
Book an initial consultation of up to one hour to review your circumstances, options and priorities. Document review forms part of that time. Evening and weekend Zoom appointments may be available by arrangement.
General information only, not legal advice. Rights, deadlines and remedies depend on the facts and applicable law. Contacting the firm does not by itself establish a lawyer-client relationship.
