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What is a Writ of Possession

A Writ of Possession is one of the many documents involved in the Power of Sale process. The Writ of Possession is issued by the courts after the lender has obtained judgment on their Statement of Claim. Writ of Possession is sent to all parties with an interest in the property which includes the lenders, the occupants, and the owners, as well as the local sheriff office. Once the sheriff office gets the writ, they will schedule a day and time to evict the property’s occupants and give control of the property to the lender. This document is typically identifiable by its title “Writ of Possession” and it will plainly state that the lender has the authority to take possession of the property in question.

What Happens After a Writ of Possession

After the Writ of Possession is issued, the sheriff office begins to process the eviction paperwork. The sheriff will typically give 2 weeks’ notice of the eviction and send an Eviction Notice to the property. On average, it takes about 30 days for the property’s occupants to be evicted after the Writ of Possession is sent. Once the lender has possession of the property, they will arrange to sell it typically with a licensed real estate agent. Once the property is sold, any excess profit is given to the homeowner. However, legal and administrative fees for processing the power of sale are deducted from the sales proceeds which in many cases eats up all the money which would have gone to the homeowner.

example writ of possession

The first page of a Writ of Possession document

Methods for Fixing the Situation

If you are looking to stop a Power of Sale after a Writ of Possession has been sent, you must act quickly since there will not be a lot of time left. In the majority of cases, the lenders will refuse to accept any payment aside from the full amount of the mortgage plus fees. One method of stopping the power of sale is to apply for a new mortgage to replace the problematic mortgage. Alternatively, if you sell the property before the eviction then all legal actions are stopped. Some people choose to get a new mortgage and sell the property over the course of several months which would allow for any renovations and more comprehensive marketing of the property.

Important Legal Notice

This article is meant as a general informational resource and you should also consult a professional when dealing with a Writ of Possession and a Power of Sale. There are many variables and potential conflicts involved in fixing a Power of Sale situation. Our team deals with these situations on a daily basis and can give free advice upon request. To get in touch with us please call 416-499-2122 or email ron@powerofsalesontario.ca.

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