WRIT OF ENFORCMENT & CROWN LAND

Property Liens (Parts 3 and 4)

This installment in our articles about the different types of property liens covers crown charges and writs of enforcement.

What is a crown charge?

Any law that is currently in force in Canada that creates a charge, lien or other interest of the Crown creates a Crown charge.

Crown land, also known as a demesne or royal domain, belongs to the monarch (referred to as “the Crown”) and is the equivalent of an estate with entailment granted by the monarchy and cannot be separated from it. In Canada, part of the Commonwealth, the term “Crown land” is used when referring to publicly owned land. Amansad Financial’s lending partners do not serve any land that is publicly owned.

What is a writ of enforcement?

If you owe money to a creditor, that credit can use a writ of enforcement as part of his activity to get his money back.

Here’s how it works. The creditor goes to court to get a Judgement or Order ordering him damages. Then, he goes to the Court of Queen’s Bench to file the writ of enforcement. Once this is registered on the title of the property, it can stay there throughout the entire enforcement period to ensure that the creditor gets his payments. It doesn’t have to stay there, but it can.

So if you’ve fallen behind on your maintenance payments or other debts, you need to check with the regulatory body in your province to see if you have had any liens against your property. If you have, it’s time to get in touch with those creditors to resolve those liens as soon as possible, as they can make mortgage renewals and other types of credit more problematic.

Need help figuring out liens against your property? Give our lien specialists at Amansad Financial a call today to find out your next step. We can connect you with a network of lending specialists that can give you the financing you need to clear up that lien — even though that could turn into a junior mortgage on your property, that’s preferable to having a lien attached to your property through the courts. Lenders are generally more flexible than other creditors, especially if you keep to a payment schedule reliably. We can take a look at your situation and recommend the best path forward for you and your family.

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