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.
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.
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.
If a mortgage lender does not receive payment from a borrower, they’ll be forced to act or risk losing their investment. The most common method of recovering an investment is to sell a property via power of sale. The third step in the power of sale process is the Writ of Possession, which comes after the Notice of Sale and Statement of Claim documents. The Writ of Possession is, simply put, a request to a superior court judge to allow the lender to evict and take possession of a property. Once the judge has reviewed the Writ of Possession, they can grant Judgment for Possession which allows the lender to file an eviction request with the local sheriff office.
There are many reasons why a mortgage lender would have to resort to power of sale:
There are many steps involved in a power of sale action, but once the homeowner loses access to their property, they are more limited in their ability to revolve the situation. Once the Writ of Possession is issued by the mortgage lender, the final steps of the power of sale process are set in motion.
Writ of Possession in Ontario remains in force for one year from the date of the order. It can then be renewed for one year from each renewal.
Occupants are given a date they are required to move out, after which an eviction notice can be issued.
Upon getting a Writ of Possession from a mortgage lender, start to prepare for the next steps:
If you are the owner of the property, you still may be able to prevent the lender from taking possession. Always keep copies of all receipts and documents to ensure there are no legal questions in the event the lender wants to adjust the arrangement.
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 email@example.com.
Although it is always preferable to try to ensure that any mortgage payments that you may have are in good standing and not fall into arrears, sometimes finances become too tight to make your mortgage payments reliably. Your lender may take legal action to try to sell your property if your mortgage goes into default. Depending on your lender, there are two legal routes that a lender can choose from to address mortgage default and try to sell your property.
In Ontario, lenders overwhelmingly tend to use the power of sale to try to recoup losses but there are some mortgage arrangements where a lender may choose foreclosure as the method to deal with mortgage default.
Depending on what method is used to address mortgage default, there are legal steps that your lender must follow before you are forced to vacate your property and allow the lender to sell it. There is time to try to put your mortgage in good standing before either process is initiated by your lender.
In a power of sale, your lender must give you 15 days before notifying you of impending actions. In a foreclosure, the lender often will wait for up to 6 missed mortgage payments before sending a Notice of Sale letter, indicating that proceedings have begun.
An Ontario homeowner in mortgage arrears can not be forced to leave their property and have the lender sell it until all steps are followed. One of the final steps in the power of sale and foreclosure process is the writ of execution and writ of possession. In the event of a power of sale on an Ontario property, a writ of possession must be obtained to legally sell the property as the property remains under the name of the homeowner. There is no change in the title.
In the foreclosure process, the title is reverting to the lender. To legally sell the property a writ of execution must be obtained which entitles the lender to take possession and sell the property and the title can legally change.
A writ of execution is a court order sent to a sheriff to enforce a judgment made by the courts. The writ of execution is one of the last steps in the foreclosure process and legally allows your lender to take possession of your property and sell it.
A writ of execution must be obtained by a lender to legally sell a property as well as an eviction notice and force the homeowner to leave the property. It is important to note that a lender or a real estate lawyer can not physically remove an Ontario homeowner from their property. This duty is performed by a sheriff after he/she has been sent the writ of execution from the court.
Mortgage Broker Store has expert knowledge about the power of sale and foreclosure process. We are here to help you explore your options to stop losing possession of your home. If you are facing imminent power of sale or foreclosure on your property we can connect with you a network of private lenders who will be able to offer mortgage solutions to help hold on to your beloved home. Don’t hesitate to contact us at your convenience to answer any concerns you may have.