At the expiration of the 15 day period after service of the Statement of Claim, the lender will be in position to note that the property owner and the other defendants are in default of the mortgage.
Order NISI Foreclosure Alberta
The next step in the Alberta foreclosure action will be to bring a Court application before the Master in Chambers for an Order Nisi. In case of a mortgage foreclosure, or for the specific performance in case of an action, for an agreement for sale. Such an application may be Ex Parte, unless the lender is requesting to reduce the period of redemption. And in that case, notice of such application must be given to the defendants.
The supporting documents will be:
- An Affidavit of Default, which provides clear evidence to the Court as to the balance presently due and owing to the lender under the terms of the mortgage
- An Affidavit of Value, which is prepared by a qualified real estate appraiser, and provides the Court with evidence to the value of the property which is under foreclosure
- A certified copy of the Title and general registry certificate from the Land Titles Office, which provides evidence as to the claims against the property, which may be prior to the claim of the lender (i.e. tax arrears, construction liens, writs of execution, or prior mortgages)
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The above information is provided as a guideline 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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