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Understanding The Foreclosure Process in Canada

For the homeowner, foreclosure is one of the most stressful experiences that you can go through. The largest investment you are ever likely to make is in your home, and the mortgage payment likely represents the largest chunk of your monthly budget. If you have been laid off or missed one payment and are about to miss another, you may be thinking about the foreclosure process and how it could affect you.

Before we start, though, it is worth mentioning that communication on your part can keep foreclosure from happening altogether. If you talk to your bank and let them know about your layoff and that you would like to get caught up, even if you’ve missed a payment, they are likely to work with you. Foreclosure is expensive and time-consuming for them, and they would much rather miss a couple of payments and even go through a modification than pay attorneys, take over the house and have to find someone to take the property off your hands.

Foreclosure is bad news for both the property owner and the lender. The property owner, of course, faces the loss of a home into which he has likely poured a ton of money, but the lender also has to go to the legal hassle and expenditure of taking the home back, while waiting for the process to run its course. Sometimes this is especially inconvenient as the former owner has not had the money to maintain the house properly or has taken out his anger about the foreclosure on the interior of the home.

A foreclosure is also one of the most traumatic events that can take place in your credit history. Depending on what your credit was like before the foreclosure took place, this event can reduce your score by anywhere from 225 to 300 points. It also remains on your credit report for seven years. The good news is that if you start paying off your other obligations, such as a car loan, credit cards, and other debt, it is possible to resuscitate your credit score within three or four years to a point where you can get approved for a new mortgage with an interest rate that is not subprime. While a foreclosure does damage your credit significantly, it is just one item, so surrounding that item with positive information about your credit is a major step in the right direction.

Canadian Foreclosure Process Explained

If you just miss one mortgage payment, you aren’t going to go into foreclosure automatically. Even if you haven’t contacted the bank at all, foreclosure won’t likely begin until you’ve missed two or maybe even three payments. If you haven’t missed any payments yet or have just missed one, the best bet is to contact your lender and explain your situation. Because the lender would rather take your money with a slight delay than go through the foreclosure hassle, the lender is likely to work with you. However, if you don’t ever contact the bank, you can expect the foreclosure process to begin with a letter of notice from your bank after that second or third missed mortgage payment.

What happens when the bank foreclosure on your house in Canada

If you live in BC or Alberta, the judicial sale process is how foreclosure takes place. If you live in Ontario, the lender can obtain a power of sale that actually makes the process move more quickly. This article details how the process (which varies by province) affects delinquent property owners in these three provinces.

If you have 30% equity remaining in your home, you may still qualify for a mortgage renewal with one of the private lenders within our network.

Answers to some of the most common FAQ surrounding Foreclosure Prevention

It is possible, but not guaranteed. In some cases, you may just need to make up the missing mortgage payments and any late fees. Depending on how far the process has gone, though, you may have to pay the entire outstanding balance due, as well as fees associating with the foreclosure process to that point.

Technically, you only have to miss one before a lender can initiate foreclosure proceedings. Because the lender would usually rather have the money in hand, catching that payment up can keep matters from proceeding.

Initially, you will receive a letter from the bank indicating that you have defaulted on your loan. At that point, the letter will indicate what you must do to return the mortgage to good standing, whether that means making up back payments or paying the entire balance in full, with fees, with a deadline. If you do not meet the deadline in this letter, then the bank can begin the legal proceedings.

Foreclosure begins when you head to court for a hearing on the lender’s desire to be paid current or in full. After that, you have a time period when you can redeem the property by satisfying the entire balance due, along with associated fees, but if foreclosure proceeds without payment, the lender can potentially obtain title of the property, and the borrower must move out.

Again, this varies by lender. If you know that you are going to miss a mortgage payment because of a temporary setback, it is important to get in touch with the lender as soon as possible. Once you head to court, unless you can come up with the entire balance due, the process becomes very difficult to stop.

Again, foreclosure technically begins with a notice that you are in default of your mortgage. If you do not meet the terms of that notice, then the process will go through the court process. After the hearing, you have a set period of time during which you can redeem the property by paying the balance due. If you do not pay by the deadline, the lender may obtain ownership.

This varies by lender and court docket, but the entire process, from initial default to bank takeover, can take as long as a year depending on the equity. Less equity generally means a shorter time to repay.

This varies by lender. It would be uncommon for you to miss more than two mortgage payments without receiving a default notice.

If foreclosure goes all the way to seizure, then you receive notice of the date by which you must vacate the premises. If you do not vacate by that time, law enforcement will show up to take you and your belongings out of the property.

This depends on the type of process the bank chooses. If the bank sells the property for less than the balance due (including fees), then you can still end up with a balance due to the bank. If your mortgage is insured with a CMHC, Genworth or Canada Guaranty and the cover some costs due to shortfall, you may get sued by the insurer.

Foreclosure only affects properties used to secure the loan that went into default. If you own other properties not connected to that loan, you do not lose those properties. However, it may effect the other properties in the future. If the foreclosing lender was the lender on the foreclosed property and another owned property ,the lender may not renew due to the foreclosure.

There is no impact of foreclosure on income taxes if the property is your primary residence. If the foreclosure is on a rental, there may be tax implications. If the property is sold and you receive funds from the sale, capital gains would apply. Other tax implications may apply if the property is held corporately. You need to speak to your accountant as it relates to your specific situation.

In addition to losing your home, foreclosure also has a significant impact on your credit, making it extremely difficult to secure another mortgage and making the terms of other sorts of financing considerably more expensive in terms of insurance rates.

A foreclosure stays on your credit report for seven years after the date of your first missed payment.

If you have the money in hand and do not need financing, then you can buy a house right away. However, if you need financing, you would need to rely on a private lender (which can mean a down payment of 25% or greater) until the foreclosure comes off your credit report.

This is a clause in your mortgage contract giving the lender the right to sell the property should you default on the loan.

A mortgage company must provide notice of default before starting foreclosure proceedings?

No, but if there is a shortfall the lender may sue the borrower and/or the personal guarantors to recover any monies lost. Rules vary slightly depending on the province.

If you can redeem the property by paying the balance of the loan (plus fees) before the date due, then you can get the house out of foreclosure.

Foreclosure Explained Further

The formal foreclosure process begins once your lender formally accelerates the promissory note that is part of your mortgage. At this point, the legal system gets involved, and a clock has started that will not stop until your foreclosure sale. This is the end of the time period in a foreclosure which your lender is willing to work with you in terms of a modification or other delay of payments.

The good news is that, even though the auction date for your home has been set, you still have a chance to stop foreclosure and restore yourself to full ownership of your home, as you are technically in the redemption period of the process. In some cases, your lender may still be willing to halt foreclosure proceedings if you can bring the loan current. However, by law, the lender must stop foreclosure proceedings as long as you can come up with the full amount of remaining amount due, which consists of principal, interest and fees associated with the loan. As long as you can do this before the sale date, you get to redeem the mortgage and remain in the house. If you redeem the loan for the full value, it is yours.

The downside to a redeemed foreclosure (in addition to all of the stress) is the fact that the foreclosure remains on your credit report for seven years. It does not have as much of an effect as a completed foreclosure, but it still is a major blemish on your record. It can make it difficult to get a good rate for a car loan or for other forms of credit. When it comes time to renew your existing loan, you may face subprime rates or even a rejection from your existing lender.

If you are in the redemption period, give one of the mortgage specialists at Amansad Financial a call. We have connected many distressed homeowners with private lending sources that have replaced entire mortgages, pulling them out of the mortgage process. If you’re behind in your mortgage but have not yet entered the redemption period, call us anyway. Our lender clients can help you bring your mortgage current so that you just end up with a modification, with just a few late payments on your credit report. Your financial health will be much more robust. Don’t let your current hard times wreck your financial future. Instead, be proactive and take charge of your difficult situation today.

The first letter you get from the bank will likely come after your first missed payment, or maybe your second. This is the bank’s good-faith effort to allow you to take care of the situation without any unpleasantness. A couple months later, though, you’ll get a letter from the bank asking for the balance in full. Even at this point, with many lenders you can still get a modification worked out, but it’s best to talk to the bank before you get this letter.

This second letter will have a deadline on it, and if you haven’t taken care of the situation, the bank will talk to a lawyer to begin the foreclosure process. At this point, it’s more difficult to go back to a monthly payment plan, as the bank has put legal fees into the situation. Now, you’ll want to talk to a private lender or go through some other channel to pay the loan for you, and then you would start paying the new creditor, if you can’t sell the house.

How long does it take to foreclose on a house in Canada

The lawyer will send you a third letter, again demanding payment in full before a particular date. After that, the lawyer files a foreclosure petition with the court. You’ll get a copy, as will everyone else (tenants, other mortgage holders, lienholders and so on). About a month after that document comes, you’ll go to court, and the judge gives the lender an “order nisi” that starts the redemption period. This gives you about six months to pay all that you owe, in addition to interest, taxes and costs. The lender may ask for a shorter period, but six months is generally the standard. After this time elapses, the lender can have the court list the property for sale or get a foreclosure order.

An Alternative to Foreclosure

As you can see, this process can drag on for more than a year. However, your best interests are served by talking to the bank as soon as you realize you have a funding problem and putting together a workable solution. Amansad Financial has connections with lenders who can find alternatives to foreclosure. Instead of wondering How Long Does Foreclosure Take, Get in touch with us today or see if you qualify now through our Fast Pre-Qualification Form.

There is really no reason to allow foreclosure to happen to your home or credit. It is true that, in the wake of the 2008 and 2009 collapse of the housing market, some of the bad loans that Canadian banks had issued went into default. However, this happened at a much lower rate in Canada in comparison to homeowners in the US. While regulations are in place that favor Canadian lenders, such as the requirement to refinance your loan every five to ten years instead of getting a 30-year guaranteed loan, as is the case in the US, lenders would rather have your money than your house every time. The foreclosure process is time consuming and often ends up with the bank receiving much less in money through the foreclosure auction process than it would if you paid your mortgage off over time. Even if the bank has to be patient and wait for your money, it is still preferable to foreclosure.

Foreclosure effect on credit

When you find yourself slipping into financial peril, you need to talk to your lender. The first sign that a mortgage payment will be late should prompt you to make that call. Lenders in Canada will work with you if you are proactive in the communication process. They won’t let you stop making payment altogether, but loan modifications and delays are possible. If you’ve lost your job, received a demotion, or are going to have to go on disability and receive reduced income for the near future, talk to your lender first.

Foreclosure Affects Credit Score

Will Foreclosure Affect Credit? If your home goes into foreclosure and you end up losing it to the bank, that stays on your credit report for seven years. A foreclosure is one of the most negative events that can appear on a credit report. While you can start improving your credit in as few as two years, if you take care of your other credit obligations, having that on your credit report can make it very difficult to obtain mortgage financing while that is still on your report. Obtaining a loan for a car and even opening new credit card accounts can be more difficult while your report still lists your foreclosure.

Amansad Financial has connections with investors and lenders who are willing to help you find alternatives to foreclosure. The possibility of losing your home and destroying your credit is a scary one, and the prospect often paralyzes people to the point where they simply do not talk to lenders until it is too late. Instead of being irresponsible with your credit, the better choice is to start taking care of your financial situation as soon as possible. Give one of Amansad’s customer service professionals a call today to get an individualized analysis of your loan’s situation and suggestions for how to proceed.

How a foreclosure affects credit

The good news is that there are many ways to avoid going into foreclosure. Lenders look at foreclosure as a last resort for a number of reasons. First, the process is lengthy, as homeowners have legal protections that give them a number of months to come up with the money to satisfy the loan. As that period goes by, the bank is not bringing in any money, and if you can find a way to start catching up and stay in touch with your lender, then you have an excellent chance to keep your home, so following some simple steps can make things much easier for you.

1. Talk to your lender when things start to look rocky.

People go through layoffs, and downsizing is a part of life. Lenders understand this, and if you talk to a representative as soon as you find out about this, you are much more likely to get a payment rearrangement. If you do receive this sort of accommodation, make sure that you keep up with the new schedule of payments, so calculate your situation before you talk to the bank. This sort of initiative makes you look responsible, and this will keep your level of trust up with the bank.

2. Start looking for other sources of mortgage financing.

Sometimes your situation worsens, and you can’t keep up with the new payment arrangement, and sometimes banks aren’t as willing to work with people who are going through tough times. If you find that this is the case with your loan, you’ll want to start looking around for new mortgage financing. Subprime lenders offer mortgages at higher rates, which will add to your costs. However, starting the loan over gives you time to get your life back together, and if you are having significant financial struggles now but see a way out in a few months, but your bank isn’t willing to work with you, this is another way to stay out of foreclosure.

3. Sell your home quickly

This can be tricky, especially if you end up having to make a “short” sale (for less than the amount that you owe on your mortgage). The bank has to approve your short sale, which can hamper your transaction. If you can sell the home for the balance due, or more, then you might think about doing that. If you don’t use a realtor, you make more money, because you’re saving that commission. Either way, finding someone to make a quick purchase on your home can keep you out of foreclosure.

4. Sell to your future landlord

Some investors will buy homes and then lease them back to the owner with the intent to sell it back. This sort of lease/buy-back program is becoming a popular way to help individuals avoid the turmoil of foreclosure. While you do temporarily lose ownership of your home, you don’t have to move out, and you have access to a way to start buying your home back. This is not an ideal solution, but it is definitely better to having a foreclosure wreck your credit for seven years.

Give us a call at Amansad Financial. Many of our clients who come to us with initial difficulty making mortgage payments end up keeping their homes and often ending up with a short term loan that helps them get back on their feet until they can go back to a traditional lender. We have access to a network of private lenders who can give you the financing to bring you current in your present loan or even pay it off entirely, becoming your new lender in the process. These solutions give you the time you need to clean up your financial situation without having to leave your home. After all, the sequence of foreclosure, auction and eviction is a terrible one to go through. Let us help by giving us a call today.

The process of foreclosure to eviction has a number of variables to it when it comes to the length of time you have between the beginning and your eviction from your home. Some of these have to do with the court system, and others have to do with your lender’s policies. This article discusses some of the things you can expect when foreclosure begins, as well as some ways to keep the process from going to completion, in a Q&A format.

After foreclosure how long to eviction?

How Long Does Eviction Process Take After Foreclosure? This depends on the aggressiveness of your lender and the docket of the court in which the filing takes place. Even if you’ve gotten the first letters indicating that the process has started, you can still get yourself out of the process in some cases. It is possible to request a loan modification from your lender (although that’s more likely to work if you are proactive and request this before the process begins). You can also bring your mortgage current or even replace it. Amansad Financial has connections to private lenders who can provide the financing for either of these solutions.

You can also Delay Eviction Foreclosure by filing for bankruptcy, which stops the process for a month and may help you get a repayment plan. After the auction and sale, though, you will receive a legal notice from the owner (giving you 72 hours to leave). If you fail to leave at that time, the owner then can instigate an execution of eviction, giving you 48 hours. Law enforcement at that time then can take you and your belongings out of the house.

Stop Foreclosure Eviction

Stop Eviction After Foreclosure: The exact time frame showing how long from foreclosure to eviction can take months or even longer, depending on the situation. The good news is that this gives you time to put together your own funding plan. Remember, the bank wants money more than it wants a house, so if you are working hard to put financing together on your end and can present a workable plan (and are willing to keep to it), the bank will work with you in many cases. Amansad Financial has helped many clients avoid foreclosure by putting together creative private financing, giving people the time they need to put the money together.

If you’re wondering how long to vacate after foreclosure, once things go to court and you have a foreclosure sale, the best idea is to move out a day before the auction takes place. Some banks will give you a “cash for keys” deal, so that you might get around $1,000 to move out and leave the property within 48 hours, as long as you leave it as is. This can be helpful if you need the money to put down a new deposit on a place to live.

The best way to handle a mortgage that is a little behind is to be as proactive as possible with your lender. If you’re worried about your own situation, get in touch with one of our mortgage specialists at Amansad Financial today. We will review your situation and provide you with individualized recommendations.

Can a Foreclosure actually be Reversed? Many people view foreclosure as a process that happens all at once. The borrower misses a payment, and the bank swoops in to seize the house and sell it at an auction, along with the borrower’s possessions. Law enforcement deputies then make sure that the borrower leaves the home, never to come back.

Can You Reverse Foreclosure

The truth is that foreclosure is not this quick, and usually not this cruel. There were some banks down in the States that treated foreclosure as an automated process, but the regulations at work in Canada have kept foreclosure from becoming this draconian. If you let your bank know ahead of time that you will be late on a payment (as well as the reason why), then even the most aggressive lender is likely to work with you. After all, banks don’t like sending borrowers to foreclosure. First of all, they end up losing the revenue of the monthly payments. Then, they have the legal expenses that are associated with going to court for foreclosure. Finally, they often have to spend a good deal of money bringing the house back into a salable condition, or they have to discount the sale price well below the principal on the associated loan because of the damage that the evicted residents have inflicted on the interior. Foreclosure is not an option that makes much financial sense for the banks, which is why the process takes a long time. Some lenders will file proceedings as early as two missed payments (or even late payments, with particularly aggressive lenders), while others will wait for three and even four payments, in the meantime trying to contact you via phone, email and letter to find a solution with you.

The very first step in the foreclosure process involves going to court to get an order against you that sets the date of the foreclosure sale. However, the month (or in some cases, months) between the order and the date of the sale is known as the redemption period. It is at this time that you have the chance to redeem, or reverse mortgage foreclosure. It will still appear on your credit report, but instead of taking as many as 300 points off your score (which a completed foreclosure does), if you can redeem it, the foreclosure will hurt your credit significantly less.

So how do you redeem or reverse a foreclosure? Banks have to allow you to redeem it if you come up with the full amount of the principal owed, as well as interest and fees, before the foreclosure sale is set to take place. Some banks will allow you to redeem it if you can simply bring the loan current, or perhaps get ahead a payment or two. The law requires banks to permit redemption with the full amount, but some lender policies also allow redemption just for coming current. Of course, if you are able to redeem it for less than the full principal, then you still face some hurdles when your loan comes up for renewal, as your credit score will be significantly lower than it was, unless you have more than seven years (the amount of time a foreclosure stays on your credit report) remaining before the renewal of your loan. However, redemption is much better than foreclosure, as you get to remain in your home as the owner.

What to Do and NOT to Do during Foreclosure:

If you’ve just gotten a letter from your mortgage lender indicating that foreclosure proceedings are imminent, chances are you’ve been stressing out about your financial situation for some time now. For most people, the last bill that they let slide is their rent or mortgage payment, because they don’t want to end up out on the street. Once you get that letter, it’s likely that you’ve missed at least one payment, and perhaps two or maybe three. If you’ve done some research about mortgages, you know that the Web has many articles defining “foreclosure” and “power of sale” – but not much is out there telling you how to work your way out of your situation. After all, the banks would rather work with the existing homeowner in the vast majority of cases, because foreclosure is an expensive process for the banks – and once it begins, their revenue from the homeowner drops to zero. So here’s a basic guide on what to do once you fall behind on your mortgage – and what NOT to do.

Do…communicate with your lender

As soon as you realize you may have to miss a payment (or just make a partial payment) let your lender know. If you haven’t missed a payment yet, you have almost a 100% chance of this succeeding – remember, banks would rather work with you than foreclose on you, in almost every case. If you’ve already missed a payment or two and received a letter about foreclosure, make that call as soon as possible. Explain why you’ve missed the payments that you have, and your plan for catching back up. Even if you just need to “catch up” by moving your term end back 60 or 90 days and making your next payment on time, most banks will work with you. Most mortgage insurers have programs that help homeowners who have run into difficulty, and you may qualify for those as well.

Don’t…hope that the situation just goes away

Even if you ignore the letter, the bank will not forget about you or about your account. If the foreclosure ends up going through, it will stay on your credit for six years, which can keep you from getting any sort of loan from a traditional lender over that time period.

Do…reach out to a mortgage broker agent licensed in your province and experienced in private lending and foreclosure refinance solutions

What if the bank won’t work with you? You’re still not out of options. Amansad Financial is a broker agent licensed to handle these types of transactions. If you have sufficient equity, you might be able to refinance or take out a second mortgage. If you don’t have enough equity, but you want to remain in your home, we have a network of investors and private lenders who will work with you under IPR arrangements to give you a fresh start. In the rare event that we cannot find a solution for you, we suggest that you sell the house as quickly as you can and move.

Don’t…reach out to multiple traditional lender or broker agents

Most of these brokers aren’t used to working with borrowers in your situation – and if you have multiple brokers running your credit, that can have a detrimental effect on your credit. If a lender sees that you have a lot of inquiries on your credit history, that can cause problems as well.

Do…save as much money as you can

This advice is for those who have already entered the legal process. Once the Statement of Claim has come and gone, the foreclosure process will not end until all of the arrears on the note as well as any legal fees are paid in full – unless the property has been sold or an entirely new loan is in place. During this time, you should save any income that you would have used to make ongoing mortgage payments. You can put that money toward the total costs, pay for the appraisal with your new lender or pay for your move. No matter what you do…

Don’t…spend the saved money on nonessentials

After all you will need it for something crucial in the next few months.

Do…get ready for the fees

That’s right – closing costs, lender’s legal fees, brokerage fees, and so on. No matter how you come out of your foreclosure, those helping you are doing so as a professional service. Misfortune brings unexpected costs, often in significant amounts, and a foreclosure is no different. With that said, though…

Don’t…pay any fees up front

No lender, or broker or foreclosure refinancing specialist should ask for fees up front, except when it’s time to order an appraisal, secure documents related to a condo (when applicable) and test for water potability (on rural properties). If you are asked to pay anything else up front, move on to the next company.

Do…research the process (but don’t dawdle)

Look into how foreclosure and power of sale work in Canada. The more you know, the stronger your position will be when dealing with lending brokers, and with your lender. You can set up a Google alert that will send you an email when new articles appear online about the topic.

Don’t…be timid or afraid

Don’t sign any agreement with a brokerage until the representative has answered all of your questions. Before you sign anything binding, seek out ILA (independent legal advice). If you work with Amansad Financial, getting that sort of advice is mandatory to ensure that your arrangements represent the best outcome for you and your family.

How to save your home during a foreclosure

In short, no matter what stage of foreclosure you find yourself approaching, you need to do the right thing for yourself and your family. Our goal at Amansad Financial is to keep every customer in their home – but that doesn’t end up working for everyone, and if you’re in that situation, we will let you know up front. There are some brokers who will try to sell you an optimistic ending that is just unrealistic, but that’s not how we operate. Give us a call today!

Get The Help You Need To Stop Foreclosure

Amansad Financial has helped many clients who are in this position, though, so you are not alone. One of the most frequent ways in which we help clients avoid foreclosure involves the use of private lenders. These are individuals or companies that have capital to invest and are looking for ways that are not as risky as purchasing stocks or investing in futures. They don’t want to settle for the rock bottom interest rates that come from passbook savings accounts either, though, and private lending yields higher rates of interest than the banks get on their mortgages (you do, after all, represent a higher level of risk).

If you are finding yourself at risk of entering foreclosure, the best thing you can do today is call your bank and start finding a way to work things out without going to court. If you can avoid having that foreclosure on your credit report, you will be much better off over time. However, if the filing has already taken place, Amansad Financial can still help. Give one of our foreclosure reversal experts a call today.

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Daniel K. Akowuah | Mortgage Professional / DLG Underwriter
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