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Mortgage Power of Sale in Ontario: Notice Periods and How to Stop It

Learn the Ontario Mortgages Act timelines for power of sale, how a borrower can stop the sale by paying arrears, and who gets the sale proceeds.

Real Estate4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 1, 2026
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Key takeaways
  • A lender cannot give notice of power of sale until the default has continued for at least 15 days, and the sale cannot take place until at least 35 days after notice.
  • Before the sale, a borrower in default may get relief by paying the arrears (or fixing the broken term) plus the lender's necessary expenses.
  • Sale proceeds are paid out in a set order, and any surplus goes to the borrower.

Falling behind on your mortgage is stressful, and the words "power of sale" can make it feel as if your home could be gone overnight. In Ontario, the Mortgages Act sets out minimum waiting periods that a lender using power of sale has to respect, and it gives you a way to stop the process in many situations.

This article explains those minimum timelines in plain language, what a borrower can do to stop a sale before it closes, and how the money is divided if the home is sold. It is general information, not advice about your own mortgage, which can only be assessed by looking at your documents.

What power of sale means

Power of sale is a way for a lender to sell the mortgaged property to recover what it is owed when a borrower is in default. It is usually written into the mortgage document. The lender sells the property and applies the money to the debt, following the rules in the Mortgages Act.

Power of sale is not the only option a lender has. A lender may also choose to enforce its mortgage by going to court instead. Which route is used depends on the mortgage and the circumstances, so read every document you receive carefully and keep copies.

The minimum notice periods

Under section 32 of the Mortgages Act, a lender may not give notice of power of sale until the default has continued for at least 15 days. The sale cannot take place until at least 35 days after the notice is given.

StepMinimum under the Mortgages Act
Default before notice can be givenAt least 15 days
Time from notice to saleAt least 35 days

These are statutory minimums, not a promise of how long you will actually have. In other words, the 15 days is counted before the lender may give notice, and the 35 days is counted from the day notice is given. How this applies to your mortgage depends on your situation, so it is worth confirming with a lawyer.

If you receive a notice, write down the date on it and the date you received it, and keep the envelope or email.

How a borrower can stop the sale

Under section 22 of the Mortgages Act, a borrower in default may get relief before the sale by paying the amount in arrears, or by performing the covenant (the promise in the mortgage) that was broken, plus the lender's necessary expenses.

In practice, that means you will want a clear, written figure from the lender showing what is needed. The lender's expenses can be added to the arrears, so the total may be higher than the missed payments alone. A broken term is not always about money. It could involve something like keeping insurance in place or keeping property taxes current, depending on what your mortgage says.

Because timing matters, it is worth asking a lawyer to help you confirm the figure and make sure payment is made properly before the sale closes.

Who gets the money if the home is sold

If the property is sold under power of sale, section 27 of the Mortgages Act sets the order in which the proceeds are paid.

Any surplus left after those payments is paid to the borrower. Whether there is a surplus depends on the sale price compared with everything owed, including other charges registered against the property.

What to do next

Every mortgage and every default is different. A lawyer can review your documents, explain which timelines apply to you and help you decide on next steps.

Frequently asked questions

How long must a default last before a lender can give power of sale notice?

The default must have continued for at least 15 days before the lender may give notice of power of sale. Your mortgage may set a longer period, so check it.

How soon after notice can the home be sold?

The sale cannot take place until at least 35 days after notice is given. That is a minimum, and the mortgage document may provide for longer periods.

Can I stop the sale by catching up on payments?

A borrower in default may get relief before the sale by paying the arrears, or performing the broken covenant, plus the lender's necessary expenses. Ask the lender for the exact figure in writing.

Do I get anything if the home sells for more than I owe?

Proceeds go first to sale expenses, then interest and costs, then principal, then later encumbrancers in priority order, and any surplus is paid to the borrower.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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