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      1. Apply Online for a free evaluation. We will evaluate your case and inform you of your options. In           some cases we can advise you on how to resolve your foreclosure yourself !
      2. We then submit a proposal package and negotiate with your mortgage company or their lawyers!       3. We finalize a settlement amount with your mortgage company or their lawyers! Your home is            saved !

      In Canada, there are two main ways a lender can recover a mortgage debt when a borrower defaults:       Judicial sale or power of sale. Judicial sale is a sale conducted under the supervision and authority of       the court, where a lender must apply to the court to get the court’s permission to sell the property and       lender keeps the equity. Power of sale allows a lender to sell property without the involvement of the       court. The lender has the right to sell the property from the mortgage document and/or provincial       legislation which authorizes power if sale in that province.

  

      The principal differences between power of sale and judicial sale are:

          The extent of court involvement. There is virtually very small court involvement in the power of sale              provinces, while in judicial sale provinces, the court is extensively involved: Ordering that the              property be sold; Confirming the sale procedure after it occurs, and; Hearing any application for a              deficiency judgment.
          The way in which the process is started. In power of sale provinces, sending a notice of sale to              the borrower. In judicial sale provinces, a lawsuit against the borrower, and others who may be              liable, starts the process.
          The way in which a deficiency judgment is sought. In power of sale provinces, a lender seeking a              deficiency judgment must start an action against the borrower after the property has been sold. In              judicial sale provinces, the deficiency judgment action is started as part of the main action, or              suing, of the borrower.

  

      Although six provinces primarily practice judicial sale procedures, the procedures vary from province to       province. As noted above, the process in Nova Scotia is a mix of the two practices, and original to the       province. To view detailed foreclosure proceedings in Nova Scotia, click here.

      In Alberta and Manitoba, a foreclosure order from the court can only be requested after the mortgaged       property was offered for sale at a public auction, that appropriate notice was given, and the highest bid       was insufficient to extinguish the mortgage debt. To view detailed foreclosure proceedings in Alberta,       click here, and for Manitoba, click here.

      In British Columbia, the court approves the purchase price, terms of sale, and even the amount of       commission to which a real estate agent is entitled. BC is also known as the province most       concerned with protecting borrowers. To view detailed foreclosure proceedings in British Columbia,       click here.

      To view detailed foreclosure proceedings in Quebec, click here.

      To view detailed foreclosure proceedings in Saskatchewan, click here.

  

      Of the four provinces primarily practicing power of sale proceedings, only Ontario has accepted       practice to list property for sale with a real estate broker. Lenders in Ontario may use power of sale or       judicial sale procedures, but power of sale is used in 90% of all foreclosures. It is preferred       because it is usually speedier and lest costly than judicial sale. To view detailed foreclosure       proceedings in Ontario, click here.

      In Newfoundland, power of sale is used virtually exclusively because the Conveyancing Act governs it,       while the Rules of The Supreme Court authorizes judicial sale. To view detailed foreclosure       proceedings in Newfoundland, click here.

      Prince Edward Island asked it’s court to clarify the law relating to foreclosure and sale in the province,       but the court declined to provide clarification between the two practices. However, it noted the legal       confusion that exists as a result of many different types of foreclosure proceedings, and concluded       that the “time-honoured practice” in the province was to proceed under power of sale. To view detailed       foreclosure proceedings in Prince Edward Island, click here.

      In New Brunswick, judicial and power of sale existed, but judicial was not included in the Rules of Civil       Procedure that was adopted in 1982, because the method was no longer used. Lenders in New       Brunswick rely on power of sale, as provided for in the mortgage. To view detailed foreclosure       proceedings in New Brunswick, click here.

      To view detailed foreclosure proceedings for the North West Territories and Nunavut, click here.

      To view detailed foreclosure proceedings for the Yukon Territories, click here.

  

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