Facing eviction through a sheriff-enforced writ of possession forces a homeowner in Ontario to confront something very overwhelming. Many would find themselves confused and uncertain about their rights or how to respond appropriately. A clear understanding of what a writ of possession is, the notice periods required, the enforcement procedure, and the solutions available would provide clarity and critical relief during this challenging time. Throughout this article, we clearly articulate what the writ of possession process entails, the rights of homeowners to receive notices of eviction, what precisely happens during a sheriff-enforced eviction, and solutions that proceed privately through a lender to avoid eviction at the last minute. We also outline critical steps homeowners should consider should eviction be inevitable.
What Is a Writ of Possession and Why Is the Sheriff Involved?
In the event a writ of possession is granted, the lender or creditor is entitled to take possession of the property. Typically, a writ is issued after a homeowner defaults on mortgage payments and the lender has exhausted all legal remedies. In Ontario, a writ would be obtained after the lender or creditor has successfully pursued the legal actions of power of sale and eventually causes the eviction of the current occupant.
The presence of the sheriff, who is an officer of the local court, ensures that the eviction is carried out lawfully and peacefully, with safety arising as the main concern. The sheriff does not initiate an eviction; instead, they enforce the writ of possession obtained through court proceedings by the lender. The presence of a sheriff is a finality to the legal eviction process, serving as a fair party that ensures the building is physically secured and possession is transferred to the lender or creditor.
How Much Notice Must You Receive Before Eviction?
Under an eviction writ of possession in Ontario, homeowners must be given proper notice before they are forced to vacate the property. Sheriffs serve the notice to vacate along with a formal letter of instruction. In Ontario, the period of notice varies depending on the type of eviction. While a landlord-tenant eviction often involves a 14-day notice to vacate, mortgage enforcement is different; in writ of possession cases, the court order itself sets out when the sheriff may act, and the sheriff serves notice of the scheduled eviction. If it is based on any other reason, such as breaches of the lease agreement or other grounds, the notice period may change.
These notices are meant to inform the occupant of the impending removal. The time that the homeowner has to collect their belongings and find alternative accommodation is very short. Failing to respond to an eviction notice may result in the disposal of personal property or additional penalties.
What Happens During a Sheriff-Enforced Eviction
The eviction by the sheriff is generally a well-conducted and disciplined procedure, but it can prove distressing for a homeowner. On eviction day, the sheriff informs occupants that they must leave the property immediately. If occupants resist, the sheriff can remove them and their belongings, a situation best avoided for a smooth transition.
With the property now vacant, the sheriff delivers possession thereof to the lender, creditor, or their representative. The locksmith will change the locks to ensure that the former occupants can no longer enter without the lender’s permission. Any further personal belongings must be removed under the direction of either the sheriff or the lender.
How a Private Lender Can Help You Avoid Eviction
During imminent eviction with a sheriff’s writ of possession, homeowners may feel completely helpless and out of options. In such situations, though, private lenders may offer valuable solutions to help homeowners retain possession of the property, pay delinquent amounts, and attain financial stability.
Private lenders mainly offer refinances or second mortgages, using the home’s equity as loan collateral. This financing is much faster than banks, which rarely approve homeowners facing imminent eviction. Private lenders are not generally interested in credit scores, employment history, or income verification. Instead, they assess the homeowner’s equity to determine the loan amount based on the property’s value.
One of the most significant advantages is the fast approval and disbursement of loans. Private lenders can often provide funds within days, helping stop arrears and prevent eviction from moving forward. Under certain circumstances, by paying the arrears, an owner may stop transferring possession of the premises and preserve the property. Sometimes, private financing also helps improve a homeowner’s creditworthiness by settling mortgage debts that are in arrears.
Next Steps After the Sheriff Enforces the Writ of Possession
Eviction under the Writ of Possession is a serious financial setback in Ontario. If eviction occurs, homeowners can seek temporary housing through support services or emergency housing programs. Owners can also seek temporary relief by contacting banks, government agencies, or employers to explain their situation. People should understand the legal rules for retrieving belongings after eviction to ensure everything is collected properly and lawfully.
An eviction is stressful, but recovery is possible. Counselling services can provide emotional support in this challenging period. An experienced lawyer or financial consultant can develop a working strategy toward recovery. The homeowner should also consider using a private lender to pay off their mortgage balance. Former homeowners can eventually buy again by rebuilding their credit and improving their overall financial situation.