Mortgage Enforcement

We have acted for both borrowers and lenders in contested and uncontested mortgage enforcement actions. It is very important to have the firm that handled the registration of your mortgage also be able to assist with any court related matters.

 

We advise clients on the Court processes from beginning of enforcement to taking possession of the Property, on the sale of the borrower’s property; including listing, timing, pricing and other issues.

 

We have experience with non-standard enforcement processes such as foreclosure actions and judicial sales. We are often called upon to resolve disputes between lenders, including construction lien disputes between lien claimants and owners.

Power of Sale Work

  • Completing all documentation including Notices of Sale, Statements of Claim, Motions to obtain possession of the property, payout statements

  • Advising on issues surrounding the sale of the Property including eviction of tenants, signing listing agreements with realtors, and the requirement to try and obtain fair market value

  • Preparing and negotiating agreements of purchase and sale by mortgagee

  • Closing the sale by the mortgagee

Non-Standard Enforcement Work

  • Resolving disputes between co-mortgagees

  • Commencing and proceeding through judicial sales

  • Advising on the possibility and dangers of foreclosures

  • Negotiating and drafting forbearance and standstill agreements

Construction Lien Matters

  • Representing lenders, owners and lien claimants through the process

  • Determining and advising on priority issues between lien claimants and lenders

  • Dealing with trust provisions of the Act, and potential violations by owners, contractors and lenders

  • Registering and perfecting construction liens