Default, power of sale, and foreclosure proceedings for lenders and borrowers across Ontario.
Book a free consultationWhen a mortgage goes into default, both lenders and borrowers have legal rights and obligations. Our real estate team represents private lenders pursuing power of sale proceedings, as well as borrowers facing foreclosure.
Power of sale is the most common enforcement method in Ontario. It allows the lender to sell the property without going to court, provided they follow the strict notice and timing requirements under the Mortgages Act. We handle the entire process — notices, redemption period, sale, and distribution of proceeds.
For borrowers, we can help negotiate with lenders, arrange refinancing to cure the default, or defend against improper enforcement actions. Early legal advice is critical — once the enforcement process starts, options narrow quickly.
Real estate lawyers with deep experience in mortgage enforcement.
Clear, transparent pricing. You know the full legal cost before you commit.
We handle title searches, document prep, and closings efficiently so your deal stays on schedule.
Thousands of successful residential and commercial real estate transactions across Ontario.
You work directly with a lawyer, not a junior assistant. Clear answers when you need them.
Power of sale allows a lender to sell a property in default without going to court, provided strict notice and timing requirements are met under the Mortgages Act. It’s faster and cheaper than judicial foreclosure.
Typically 35–45 days from the initial notice, plus time to market and sell the property. Borrowers have a redemption period during which they can cure the default by paying arrears.
Yes, by paying the arrears plus costs during the redemption period, refinancing with another lender, or negotiating a forbearance with the current lender. We can help evaluate your options.