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The Writ of Possession is, simply put, a request to a superior court judge to allow the lender to evict and take possession of a property. Once the judge has reviewed the Writ of Possession, they can grant Judgment for Possession which allows the lender to file an eviction request with the local sheriff office.
The most effective method to stop an eviction is to pay the mortgage lender off in full. Unfortunately, most people usually do not have the money to pay the amount in arrears. Property owners also have the option to file a Statement of Defence or a Motion to delay the eviction.
Only authorized Court Bailiffs have the authority to enforce a Writ of Possession. As the landlord, you are not legally able to remove your tenant or their belongings, or change the locks on the unit. Once the Writ of Possession is issued, a Court Bailiff will carry out the eviction.
The statutory requirement for a writ of possession is set out in Rule 60.10: (1) A writ of possession (Form 60C) may be issued only with leave of the court, obtained on motion without notice or at the time an order entitling a party to possession is made.
Examples of cases in which a writ of execution may be filed: If a home buyer fails to make mortgage payments, the creditor (a bank, private party, or mortgage company) may petition the court for a judgment against the home buyer after making effort to collect those payments.