Foreclosure Tenant Rights Foreclosure
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FAQ
If a homeowner is unable to make mortgage payments, the lender takes ownership of the home. The borrower is evicted from the property and the property is sold to earn back the lender's lost investment. Power of sale is also called a nonjudicial foreclosure and begins 15-days after the missed payment.
Process of a Foreclosure or Power of Sale in Ontario In a foreclosure, the process involves court supervision. The lender initiates the foreclosure by filing a Statement of Claim with the court. The homeowner is then served with the Statement of Claim and has the opportunity to respond.
If there is a shortfall after the bank forecloses, CMHC (Canada Mortgage and Housing Corporation) steps in, pays the bank, and then pursues the client for the remaining balance.
If the landlord works something out with the bank, or brings the mortgage current, then the landlord remains the owner of the property. If the property is sold through the foreclosure process, the new owner will become the landlord. More commonly, a tenant will need to vacate the property.
You have the right to challenge a foreclosure if you think your lender made a mistake or has violated the law. A notice of preforeclosure does not mean you need to vacate the home.