TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Licensed by the Law Society of OntarioFlat fees published upfrontWe reply to messages within 1 business daySign in
Home/Articles/Real Estate
№ 22 Real Estate

How to Request a Mortgage Payout Statement in Ontario

Need an exact payoff figure to sell or refinance? Learn how to request a mortgage payout statement in Ontario, what it should include and errors to check.

Real Estate5 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
← All articles
Key takeaways
  • A written request to your lender under the Mortgages Act can require a statement of principal or interest in default, the nature of the default and expenses incurred.
  • The lender must respond within 15 days after receiving that request, or its enforcement rights can be suspended until it complies.
  • Lenders cannot add unexplained fees to a discharge amount; the Ontario Court of Appeal has upheld disallowing unexplained professional and administrative fees.
  • Most lenders do not send confirmation of payoff unless you ask, so request it early.

If you are selling or refinancing, your lawyer needs an exact figure to pay off your mortgage on the closing date. A rough balance from your online banking is not enough, because interest, fees and any charges owing on the closing date all affect the final number.

This article explains how to ask for a payout statement in Ontario, what it should contain, how the Mortgages Act timing rule works, and the errors worth watching for. It is general information, and your mortgage terms and the facts of your situation matter.

What a payout statement is and why you need it

A payout statement, sometimes called a payoff statement, is a document from your lender showing what it will accept to discharge the mortgage on a specific date. It generally breaks the amount down into principal, accrued interest and any charges. Your lawyer uses it to arrange the payment and to obtain the discharge from the lender.

Most lenders do not send confirmation of payoff unless asked. Because of that, it is sensible to request the figure as soon as you have a closing date, and again if the closing date moves, since interest accrues daily.

Your right to a written statement under the Mortgages Act

The Mortgages Act gives a borrower a formal tool. A mortgagor can give written notice requiring the mortgagee to provide a written statement of the principal or interest in default, the nature of the default and the amount of expenses necessarily incurred. This is in section 22(2), as described by the Ontario Court of Appeal.

The lender must respond within 15 days after receiving the request. If it fails to do so without reasonable excuse, or if the statement is incomplete or incorrect, its enforcement rights are suspended until it complies.

Be realistic about what this does. The suspension suspends the right to enforce; it does not remove the lender's substantive rights. A lender's non-compliance also does not invalidate a purchaser's title in a power of sale, and the borrower's remedy is against the mortgagee for an improper sale. The formal notice is most useful where there is a dispute about what is owing, rather than for an ordinary payoff figure. Beyond that 15-day rule, timing for an ordinary payout figure depends on the lender, so ask early and confirm the process with your lawyer.

What to ask for and what it should show

For context, a sample fixed-rate mortgage disclosure from the Financial Consumer Agency of Canada shows a prepayment penalty equal to the greater of three months' interest or the interest rate differential, a $50 default charge and a $40 returned-payment fee. Your own mortgage will have its own terms, so use your documents rather than that example.

Errors and extras to watch for

What to checkWhy it matters
Unexplained professional or administrative feesThe Ontario Court of Appeal upheld disallowance of unexplained fees added to a discharge amount, and said a lender must be able to justify its legal fees
Future interest after defaultThe standard charge acceleration clause lets a lender accelerate principal on default but does not entitle it to future, unearned interest; only interest accrued to the date of default
Late-payment chargesSubstantiated late-payment charges that did not offend the Mortgages Act or Interest Act have been allowed, so ask for the basis
Prepayment charge calculationFederally regulated lenders must describe how prepayment charges are calculated
Arrears at a higher rateInterest on arrears cannot be at a higher rate than the rate on principal not in arrears

If something looks wrong, raise it in writing before closing. A borrower can dispute fees in a court application, and the court has jurisdiction to decide whether added fees are legitimate. The Mortgages Act assessment mechanism is also referred to in the case law. Because closing deadlines are tight, tell your lawyer right away so they can advise you on how to resolve the figure.

What to do next

Frequently asked questions

How long does a lender have to give me a payout statement?

For a formal written notice requiring a statement of default and expenses, the lender must respond within 15 days after receiving it. For an ordinary payout figure, timing depends on the lender, so it is wise to ask early.

Does the lender send a payout figure automatically?

Usually not. Most lenders do not send confirmation of payoff unless asked.

Can I challenge a fee on the statement?

Yes. The Ontario Court of Appeal upheld disallowing unexplained professional and administrative fees added to a discharge amount, and confirmed a court can decide whether added fees are legitimate. Speak to a lawyer before closing if a fee looks unjustified.

Can the lender charge interest for the rest of the term when I pay out?

Not on the basis of the standard charge acceleration clause alone. The Ontario Court of Appeal held that it lets a lender accelerate principal on default but does not entitle it to future unearned interest. Your specific mortgage terms and circumstances still matter.

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.

This is a real estate question

Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.

ContactStart a File →