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Recent Blog Posts
Mortgage Litigation and Enforcement
It is often necessary to go to court to enforce a mortgagee’s rights or to defend a property owner against mortgage enforcement and the loss of his or her property. The lawyers at our firm regularly act for mortgagees and mortgagors in such matters, including most recently and successfully in the Court of Appeal for Ontario.
Upon default of a mortgage, the mortgagee will want to ensure that in addition to any notice of sale, it commences legal proceedings to obtain possession of the property and judgment for the outstanding debt. The mortgagee will also want to consider whether a judgment for foreclosure is appropriate in the circumstances. In contrast, a property owner may require additional time to refinance debts or to sell the property and may therefore need to defend against any legal proceedings brought by a mortgagee.