Being a Canadian Real Estate Investor one should be aware of the Ontario Mortgage Act which have rights and privileges for the lender(bank) as well as the home buyer. As a professional Real Estate investor you will find knowing the Ontario Mortgage act gives you the edge to assist the distressed home owner as well as help the lender to resolve by doing so making a huge profit for themselves. When a home owner defaults the lender (bank) have the right to call off the mortgage and collect all the delinquent payments along with legal fees, administration fees, property management and the court costs. Since a default becomes a dispute, both the property owner and lender have to follow certain law to protect each other’s rights.Power of sale notice is issued by the lender upon default.
Power of sale notice period Ontario, all the notices of power of sale are regulated under the Ontario Mortgage Act. The lender (banks) does not necessarily have to go to the court to do a power of sale. Before a notice to proceed is sent out, the lender will be following steps to take action.
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:
The Power of Sale proceedings in Ontario are generally quite speedy, as the proceedings are usually laid out in the mortgage documents. Power of sale was initially developed in Ontario by lenders who wanted a faster way to dispose of property and to recover the debt. As a result, they began to include power of sale provisions in mortgages that would allow them to dispose of the property under the borrower’s default, without having to resort to the Courts. Power of sale is now part of the Ontario Mortgages Act.