How does the power of sale process work in Ontario from notice to closing?
If your mortgage has its own power of sale, the sale cannot be made until at least 35 days after notice is given; a mortgage without one needs three months' default and 45 days' written notice. The lender also cannot give the notice until the default has continued for at least 15 days.
The notice must go to the people the law lists, including those on the parcel register and anyone who gave the lender written notice of an interest. It must be personally served or sent by registered mail to the person's usual or last known address, and mailed notice is deemed given the day it is mailed.
Once notice is given, the lender generally cannot start other proceedings to enforce the mortgage during the notice period without a judge's order. Before a sale, you can generally be relieved of the default by paying the arrears plus the lender's necessary expenses, even if the whole debt has been accelerated. After a sale, the buyer's title is protected if notice was given in professed compliance, but a person harmed keeps a remedy against the lender. Your own mortgage terms matter, so confirm the details with a lawyer before you act.
Key takeaways
- A lender cannot give a notice of exercising a power of sale until the default has continued for at least 15 days.
- If your mortgage has its own power of sale, the sale cannot be made until at least 35 days after notice is given; a mortgage without one needs 45 days' written notice.
- The notice must be personally served or sent by registered mail, and mailed notice is deemed given on the day it is mailed.
- Before a sale, you can generally be relieved of the default by paying the arrears plus the lender's necessary expenses.