Power Of Sale Notice Requirements
Recipient Of Power of Sale Notice Ontario
In Ontario Real Estate Investing, under the Mortgage Act Section 31, it is stipulated that a notice of power of sale must be given to every party appearing by the registered of ownership and by the index of executions to have interest of the mortgage property.
The recipient of the notice of power of sale should be given to the following parties:
Current owner is the registered owner of the property whether this property is a principal residence or investment property.
The property owner`s spouse has the statutory rights of possession at redemption parlaying those of the registered owner under the Ontario Family Law Act power of sale notice should be served
Subsequent or 2nd Mortgage lenders:
if there is a registered 2nd or subsequent mortgagee the power of sale notice should be given to them
The original mortgage borrower:
if the property has been sold by the original owner, the original owner must also be given a notice provided that the lender`s intent to proceed against the original borrower.
Assignee(s) of subsequent mortgage lenders:
if a second mortgage has been assigned to the other person , the notice of the power of sale shall be given under the Ontario mortgage act.
in case of power of sale the execution creditors are also entitled to receive the notice of power of sale under the Ontario mortgage act section 33 (2)
Construction Lien claimants:
since mechanic / construction liens are registered on the title and have interest in the property . under the section 78 set out in the construction lien act of Ontario and section 33(3) have the Ontario mortgage act provides the right to receive the notice of sale.
since a guarantor or a consignor do not make any payments or live in the property but they are liable for the whole amounts borrowed . they are also entitled to receive the notice because of the liability.
if there is a lease agreement the bank or the lender cannot force the tenant to leave the premises . since tenants are living in the property a notice of sale shall be given to make them aware of the current situation.
Secured Parties under Personal Property Secured Act Ontario: all the parties which fall under personal property security act Ontario are eligible to receive the notice since they have invested in the subject property.
Trustee(s) in Bankruptcy:
if the lender has received a notice of the bankruptcy of the owner of the property then trustee in the bankruptcy shall be receiving notice of sale as well
Court Appointer(s) or Receiver(s):
where whenever a bank or a lender have a notice of a appointment of a code appoint receiver. The notice shall be served to the code appointed receiver.
Person(s) under Disability & Diseased Person(s):
section 33(4) and(5) of the Ontario mortgage act set out a special rules with respect to share the notice of sale with the person of disability and diseased person.
Statutory Lien Clearance:
if a crown or any other public authority have any other judgment authority in their favour a proper written notice should be given to all their concerns.
Anybody have the right or in direct interest in the property which can be found on the title, execution search, lien, or judgement or also entitled to receive the notice of sale
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The above information is provided as a guideline for the betterment of your future in Real Estate Investing and is not intended to give a professional legal advice. Please consult a Real Estate lawyer for their opinion on your particular case.
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