Once all the parties who have direct or indirect interest in the property are determined, the Alberta foreclosure action can be commenced by filing a Statement of Claim Alberta Foreclosure.
Statement of Claim Alberta Foreclosure
In simple words, the lender is now suing the property owner. When the lender files the Statement of Claim Alberta Foreclosure, they will also need to file a document against the title of the property, called a Lis Pendens. This means that there is a litigation pending on the title. When someone searches the title of the property, and see a Lis Pendens, they will know that a lawsuit has been started.
The statement of claim in Alberta foreclosure must be served on the property owners and any other relevant parties to the action, as required by the Alberta Rules of Court. A Statement of Claim will usually be served to the property owners by registered mail, or personally by Court service or other methods of service.
If the Alberta foreclosure lawsuit has progressed far enough, the property owner may not be able to list the property with a realtor for sale. The Statement of Claim will describe the relationship of the parties, the background and default, and will outline relief sought by the lender from the Court.
Rule 686 (3) provides the lender with seven possible remedies:
- And Order Nisi
- An Order that the mortgaged property be ordered for sale
- An Order for foreclosure
- An Order confirming sale to the lender
- An Order for possession
- An Order for personal judgment
- An Order for appointment of receiver
The statement of claim is filed with the Court of Queen’s Bench.
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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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