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Statement of Claim

All power of sales in Ontario start with the lender sending a “Notice of Sale Under Mortgage” to the property owner, the notice can be sent once the property has been in default for longer than 15 days. The property owner then has about 30 days to respond to the notice, if the property owner does not respond within 30 days the lender can send out a “Statement of Claim”, this will outline how much money is required to bring the mortgage into good standing or to pay or the claim.

If the property owner does not pay the “Statement of Claim” within 30 days a Notice of Possession can be granted by the courts. After an additional 30 days the lender can ask the local sheriff to issue a “Notice of Eviction”. The sheriff usually evicts all occupants of the property within a week or two and gives the lender possession of the property. To stop an eviction from your home can be difficult. The lender has the option to accept payment from the borrower or to continue with the eviction.

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