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In some situations, foreclosure prevention involves the process of reinstating your mortgage that is currently in default with your mortgage lender due to missed mortgage payments. The best foreclosure prevention measure you can perform is ensuring you keep your mortgage in good standing with your mortgage lender by maintaining regular mortgage payments.
When your mortgage payments are in default, your lender will send you a notice of default and demand letter, as well as any additional appropriate notices such as notice under the Bankruptcy and Insolvency Act or the Farm Debt Mediation Act. At this stage, you still have the opportunity for foreclosure prevention, however, if you do not pay all of the arrears (missed mortgage payments), interest and legal expenses upon demand (or the full amount of the mortgage paid if the term has expired), your lender will be in a position to prepare, file and serve documents to commence a foreclosure.
If you are involved in a situation involving default under a mortgage in the pre foreclosure stage and require foreclosure prevention assistance, we can help. We specialize in foreclosure prevention assistance by helping you reinstate your mortgage payments along with protecting your equity and your credit. We provide free consultation in regards to protecting your interests in the property 604-812-3718.
The foreclosure process can be complicated, especially when there are competing charges registered on title or disputes about amounts owed or market value of the property. The process for competing bids on an application for Court approval of a sale can also be complex for parties not familiar with the process.
The first Court appearance in a foreclosure is the Order Nisi, which is considered a final order in the foreclosure. Generally, the lender will seek personal judgment against the borrower at the Order Nisi hearing, based on the personal promise to pay. The lender will also seek other terms of the Order, such as the length of the redemption period, the amount required to redeem and legal costs. Legal costs are usually ordered at the lowest level of Court costs in BC, particularly for unopposed Foreclosure proceedings.
The redemption amount is the amount of the principal, interest and expenses that you will need to pay to your lender to payout your mortgage for foreclosure prevention to occur. The usual length of the redemption of a residential property will be set at six (6) months, unless the lender can show risk to its security that would warrant a shorter redemption period (such as insufficient equity in the property to repay the lender in full, abandonment or waste).
If you do not act in regards to foreclosure prevention and do not redeem before the end of the redemption period set at the Order Nisi hearing, then the lender may elect to return to Court to seek either an Order Absolute or an Order for Conduct of Sale. In a relatively recent development in foreclosure practice, a lender can now actually obtain conduct of sale at the Order Nisi hearing that will be effective at the end of the redemption period without the necessity of a further court application.
An Order Absolute basically involves the property being transferred to your lender as the new owner. Usually the borrower (you) or subsequent lenders will oppose the Order Absolute if there is convincing evidence of equity. However, if an Order Absolute is granted and there is a shortfall for the lender, then the lender will not be able to try to recover any shortfall on the personal judgment from the borrower after the Order Absolute. In addition, the lender will have to pay the property transfer tax on the transfer of the property to the lender. In many cases the lender will not elect to seek an Order Absolute.
When your lender decides not to pursue an Order Absolute, then the lender can still apply to the Court for an Order for Conduct of Sale at the end of the redemption period. An Order for Conduct of Sale allows your lender to list and market the property through a realtor. You will then be ordered to cooperate with the listing of the property. Your lender will be able to entertain and accept offers, subject to any accepted offer still requiring Court approval. The usual practice is for offers to have a schedule attached to the Contract of Purchase and Sale specifying that the property is being purchased “as is” without any warranties as to the condition of the property.
For foreclosure prevention to occur, it is in your best interest to act quickly if you have received a demand letter in regards to your delinquent mortgage payments. Contact us for free consultation in regards to foreclosure prevention. We have helped hundreds of clients protect their equity in the property as well as protect their credit 604-812-3718.
Reference: Eric Ledding, Pushor Mitchell LLP Law Firm
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Do You Need Foreclosure Prevention Assistance? We Can Help Prevent Foreclosure
Do You Need Help Avoiding Foreclosure?
Have you missed payments on your mortgage loan? Are you facing foreclosure? You’re not alone and you may still have options. If you’re looking into how to avoid foreclosure, contact our Company, GVCPS.
We specialize in providing immediate monthly cash flow management solutions to unmanageable or unwanted mortgage payments along with protecting any equity you may have in the property and protecting your credit. Unexpected financial circumstances can happen to anyone and we can can help you prevent foreclosure.
When you default (don’t make a payment) on your mortgage, you don’t automatically lose the property. If you miss a payment, your mortgage lender has the right to accelerate (speed up) the mortgage contract (terms of the mortgage).
This allows your lender to claim the full mortgage balance you owe plus interest and other costs, even though the mortgage term hasn’t yet expired. Your lender can use the legal process of foreclosure to repossess (take back) the property or sell the property to pay the mortgage debt.
As soon as you miss a payment, most lenders act quickly. They often send a reminder letter first. If they don’t hear from you or if your lender doesn’t receive your missed payment(s), your lender’s next step is to send you a demand letter. In BC, your lender or their lawyer must send you a demand letter before starting foreclosure proceedings.
If you have received a demand letter and are facing foreclosure or if you are having difficulty making your payments, we can provide immediate solutions. Here are some ways we can help:
Our mortgage professionals understand the stress and hassles that you face when you are experiencing difficulty making your mortgage payments. We can help you get your payments back on track and to find a solution with your mortgage lender.
We can provide you with immediate monthly cash flow management solutions to unmanageable or unwanted mortgage payments along with protecting any equity you may have in the property and protecting your credit.
We can help you reinstate the mortgage and bring your mortgage back into good standing with your lender.
Facing foreclosure can be an overwhelming experience leaving you feeling uncomfortable and unsure of what to do. You don’t have to face foreclosure alone. We have been providing foreclosure prevention solutions to clients for 25 years.
If you need to avoid foreclosure, we take over house payments and the property associated with it. We provide flexible, pre-negotiated Terms that can give you the best value for your property and can provide you with more money with none of the hassles normally involved in selling.
In most cases, we take over the entire mortgage payment as well as all of your other monthly financial obligations regarding the property on your behalf that may include; property taxes, property insurance, monthly strata fees as well as any repair or maintenance costs.
Prevent Foreclosure Proceedings Going to Supreme Court
If you don’t do what the demand letter asks, your lender can start foreclosure proceedings in BC Supreme Court by filing a petition against you. You may want to just ignore the demand letter, but be sure you know what the consequences are first. Doing nothing has serious consequences. Your mortgage lender can use the legal process of foreclosure to repossess (take back) the property to sell the property to pay off your mortgage debt.
The longer you wait to take action if you are having problems making your mortgage payments or if you have already missed a payment, the less options you will have available to you to prevent foreclosure.
How the Supreme Court Action Starts Against You with Foreclosure
If you can’t reinstate or redeem your mortgage, your lender can start a court
action to foreclose on your mortgage. This usually happens after you’ve missed
three months of payments, however, it can happen sooner.
To start the court action, your lender’s lawyer files a petition in a Supreme
Court registry and registers a certificate of pending litigation in the land title
office. If the property is located where there is a Supreme Court registry, your
lender’s lawyer must file the petition in the local registry, unless you agree to
a different court registry.
If this isn’t the case, they must still file at a registry within the local judicial
district. This is called the local venue rule. This rule prevents, for example,
Vancouver-based lawyers from starting foreclosure actions in Vancouver when
the property is in Kelowna or Prince George, without your consent.
The petition in foreclosure proceedings contains a list of what your lender wants the court to do, including:
Confirm that the mortgage and the debt exist.
Confirm the amount you owe, including principal plus daily interest, legal
costs, and other costs.
Set the length of time you have to redeem your mortgage.
Grant a personal judgment for the mortgage debt (and in some cases
unsecured debt that you may owe) against you and any guarantors.
If there’s a dispute over how much you owe, refer the file to a registrar
(court official) for an accounting (calculation backed up with evidence).
In some circumstances, give your lender control of your property’s sale.
In some cases, request an Order Absolute instead of a redemption period and Order for Conduct of Sale.
If the court grants the Order Absolute, your lender takes title to the property and everyone living there must immediately move out.
If you are behind on your mortgage payments or if you are facing foreclosure, contact us to help you prevent foreclosure. We provide free consultation to discuss the different options that are available to you. We have solutions for foreclosure prevention.
In every case, the options available to you will depend upon your individual circumstances and it’s important for you to take quick action to avoid foreclosure. To increase the chance of successfully managing your financial situation through early intervention and preventing foreclosure, contact us at the first sign of financial difficulty.
Prevent Your Lender Selling the House Through Foreclosure
At any stage before the court approves the sale of the property, or grants
your lender an Order Absolute you can stop a foreclosure by either reinstating or redeeming your mortgage.
Reinstate the mortgage
If you can come up with at least your missed payments, you may be able to have your mortgage reinstated. This means that you pay the arrears and then start your payments again. To reinstate, you have to pay any unpaid taxes, and you may have to pay a legal fee to cover the foreclosure action started against you. Your lender doesn’t have to allow reinstatement unless you get a court order.
Redeem your mortgage
If you can pay your lender in full what you owe on the mortgage, inform your lender right away. For example, you might arrange to sell the property yourself if your lender doesn’t have an Order for Conduct of Sale. Or you’ve arranged a new mortgage to pay off the old one. You have to provide one or more of the following as proof that you can pay off the mortgage:
› A letter from a new lender saying the money is available to you › A letter from your banker saying the money is in a trust account › A letter from your lawyer saying the money is in the lawyer’s trust account
If you have the money and your lender doesn’t accept your offer to reinstate or redeem your mortgage, it may be possible to go to court and ask to stop the foreclosure. You need to give the court proof (written evidence) that you have the money.
Stop the foreclosure procedure prior to the foreclosure proceeding going to Supreme Court. If you are facing foreclosure you can receive free, confidential counseling from our foreclosure prevention team 604-812-3718 or email@example.com.
Do You Need Foreclosure Prevention Solutions?
The possibility of facing foreclosure can be an overwhelming experience leaving you feeling uncomfortable and unsure of what to do. You don’t have to face foreclosure alone.
If you require foreclosure prevention assistance for a house, duplex, townhome or condo, we can help you prevent foreclosure, get your payments back on track and remain in good standing with your mortgage lender through our Foreclosure Prevention Program.
As soon as you miss a mortgage payment, most mortgage lenders act quickly. They will call you and they will often send you a reminder letter first. If your mortgage lender does not hear from you or doesn’t receive your missed payment after they contact you, your lender will then take the next step in the foreclosure process and send you a demand letter. In BC, your mortgage lender or their lawyer must send you a demand letter before starting foreclosure proceedings. If you miss one or more of your mortgage payments, your lender has the right to accelerate (speed up) your mortgage contract This allows your mortgage lender to claim the full balance you owe on your mortgage plus interest and other costs, even though your mortgage term hasn’t yet expired.
If you don’t do what the demand letter asks, your lender can start foreclosure proceedings in BC Supreme Court by filing a petition against you. You may want to just ignore the demand letter, but be sure you know what the consequences are first. Doing nothing has serious consequences. Your mortgage lender can use the legal process of foreclosure to repossess (take back) the property or sell the property to pay off your mortgage debt.
Through our Foreclosure Prevention Program, we can help you reinstate the mortgage and prevent foreclosure. You can reinstate a mortgage if the mortgage term hasn’t expired and your lender agrees to reinstatement. We provide you with immediate monthly cash flow management solutions to unmanageable or unwanted mortgage payments along with protecting any equity you may have in the property and protecting your credit.
Through our Foreclosure Prevention Program, we provide free consultation to discuss the different options that are available to you. We have solutions for foreclosure prevention. In every case, the options available to you will depend upon your individual circumstances and it’s important for you to take quick action to prevent foreclosure.
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GVC Property Solutions Inc.
Suite 200-100 Park Royal S.
West Vancouver, BC V7T 1A2