MortgageDefault.ca

Frequently asked questions

Questions homeowners ask most

Straight answers to the questions people are often hesitant to ask. General information only, your lawyer and lender documents are the final word on your situation.

Can I stop a power of sale once it's started?

In many cases, yes. Until the lender has entered into a binding agreement to sell your home, you generally have the right to bring the mortgage back into good standing by paying the arrears and permitted costs, or to pay the mortgage off completely through a refinance or your own sale. Whether that's realistic depends on your equity, income, credit and remaining time. A real estate lawyer can confirm your exact rights and deadlines.

What if I already received a Statement of Claim?

A Statement of Claim means the lender has started a court action, usually for possession of the property and/or the amount owed. There are strict deadlines to respond (in Ontario, typically 20 days after being served within the province). Please speak with a real estate or litigation lawyer right away. Financing options may still be available, and I can work alongside your lawyer on that side.

How long does a power of sale take in Ontario?

It varies widely. Lenders commonly wait until a mortgage is one to three months in arrears before sending a Notice of Sale. The notice must allow at least 35 days. After that, possession and sale can take additional weeks or months. Overall, the process from first missed payment to sale often spans several months, but every lender and situation is different.

Will refinancing hurt my credit more than just selling?

Missed payments are usually already reported on your credit file, so a refinance generally doesn't add much additional damage, and making on-time payments afterward can help it recover over time. A voluntary sale also avoids a forced sale. The better choice depends on your equity, the cost of the new financing and whether the monthly payment is sustainable for you. We can look at both honestly.

Can I get a mortgage with bad credit or missed payments?

Sometimes. Some alternative lenders and private lenders focus more on the equity in the property and your exit plan than on your credit score. Rates and fees are typically higher than bank financing, so it's usually treated as a short-term bridge. Approval is always subject to the lender's own review.

What is a private second mortgage and when does it make sense?

A private second mortgage is a loan from a private lender registered behind your existing first mortgage. It can be used to pay the arrears and bring your first mortgage current. It tends to make sense when you have meaningful equity, a short-term setback, and a realistic plan to refinance or repay within one to two years. It costs more than bank financing, so the numbers need to work.

Can I negotiate directly with my current lender?

Yes, and it's often worth trying first. Some lenders will consider a repayment plan, a temporary payment deferral, or adding arrears to the balance, especially if you contact them early and explain your situation. Get any agreement in writing. Lenders aren't required to agree, so it's helpful to have a backup plan in place at the same time.

Do I get any money if my home is sold under power of sale?

Generally, yes, if there's money left over. The lender must apply the sale proceeds to its mortgage, its legal and sale costs, and then other registered debts in priority. Any remaining surplus is generally paid to the homeowner. Legal and sale costs in a power of sale can be significant, which is one reason a voluntary sale often leaves more money in your hands.

Is selling my home myself better than a power of sale?

When keeping the home isn't realistic, selling on your own terms usually gives you more control over timing and price, avoids some lender enforcement costs, and can preserve more of your equity. It's not anyone's first choice, but it can be the option that protects you best. I'll tell you honestly if I think that's where things are heading.

What does a mortgage broker do in a power of sale situation?

As a licensed mortgage agent, I don't lend money myself. I review your situation, then search for refinancing or second-mortgage options across a network of banks, credit unions, alternative and private lenders, and help you understand the real cost of each. I work alongside (not instead of) your real estate lawyer.

How much does it cost to talk to you?

The first conversation is free and confidential. If financing is arranged, there may be lender and/or broker fees, especially with private or alternative lenders. Any fees are disclosed to you in writing before you commit to anything.

Do I need a lawyer?

If you've received a Notice of Sale, Statement of Claim or any legal document from your lender, yes, please speak with a real estate lawyer promptly. This site and our conversations provide general mortgage information, not legal advice. Your lawyer protects your legal rights; I focus on the financing side.

Is my information kept confidential?

Yes. What you share is used only to understand your situation and explore options with you. Nothing is sent to a lender without your permission, and your inquiry doesn't affect your credit. A credit check only happens later, with your consent, if you decide to apply.

I'm self-employed or my income dropped. Are there still options?

Possibly. Some lenders work with stated or non-traditional income, and some private lenders lend primarily on equity. What matters is a payment you can realistically carry and a clear plan for what comes next. We'll talk through it without judgment.

What if I owe more than my home is worth?

Refinancing becomes much harder with little or no equity, and I'll be honest about that. Negotiating with your lender, speaking with a lawyer, or a Licensed Insolvency Trustee about options like a consumer proposal may be more appropriate in that case.

Talk it through, privately.

A free, confidential conversation, no judgment, no pressure, and no credit check to start. We'll look at where things stand and what your realistic options are.