Can I expect vacant possession when I buy a power of sale property, or might the old owner still be there?

No - vacant possession is not guaranteed in a power of sale purchase, and it is one of the biggest differences from an ordinary home purchase. The lender selling the property under its mortgage security has no personal relationship with the former owner and often cannot confirm whether they, a family member, or even a tenant is still living there at closing. Unlike a typical Agreement of Purchase and Sale, where the seller promises to vacate and hand over keys, a power of sale agreement usually does not include that assurance.

If the former owner or an occupant remains after closing, getting them out generally requires a separate legal process rather than a simple request, and how that unfolds depends heavily on who is occupying the property and under what circumstances - an owner who never left is treated differently than a tenant with rights under Ontario's residential tenancy rules. This can add real time and cost after you already own the property.

Before bidding or making an offer, ask directly what is known about occupancy, build in a contingency for delayed possession, and talk to a lawyer about the realistic steps and cost involved if the property is not empty when you close.