The foreclosure process in Alberta is designed to protect the rights of both homeowners and lenders, and it follows a specific set of legal steps. For buyers interested in purchasing foreclosed properties in Calgary, understanding the foreclosure process can be the difference between finding a great deal and facing an unexpected headache. In this guide, we’ll walk you through how the foreclosure process works in Alberta so you can be fully informed before taking the plunge.
Step 1: Default on Mortgage Payments
The foreclosure process begins when a property owner defaults on their mortgage payments. This could be due to missed payments, failing to maintain the property, or not paying property taxes. Defaulting on the mortgage is considered a breach of contract, and it prompts the lender to take action to recover their funds.
Common Acts of Default
- Missed Mortgage Payments: The most common reason for foreclosure is missing one or more mortgage payments.
- Failure to Pay Property Taxes: Not paying property taxes or condo fees can also lead to foreclosure.
- Property Damage: If the property is significantly damaged and the owner fails to address the issues, this can be considered a default.
Step 2: Lender Issues a Demand Letter
After a default occurs, the lender will typically issue a demand letter to the property owner. This letter formally notifies the homeowner of the default and demands repayment within a certain period. The letter also provides a final opportunity for the owner to bring the mortgage back to good standing before legal action is taken.
Options for the Homeowner
- Pay the Arrears: The homeowner can repay the overdue amount, including penalties, to stop the foreclosure.
- Negotiate with the Lender: The homeowner may also work out an alternate payment plan with the lender to avoid further legal action.
Step 3: Filing a Statement of Claim
If the demand letter does not lead to a resolution, the lender will proceed by filing a Statement of Claim with the court. This document sets out the amount owed, including missed payments, interest, and legal fees. The homeowner is then officially notified that foreclosure proceedings have begun.
Homeowner's Response
The homeowner has 20 days to file a response to the Statement of Claim. They can either file a Statement of Defence if they wish to dispute the claim or a Demand for Notice if they simply want to be kept informed of the process. If the homeowner fails to respond, they are noted in default, and the lender can move ahead with foreclosure.
Step 4: Redemption Order
The court may issue a Redemption Order, which provides the homeowner with a final chance to "redeem" the mortgage by paying off all arrears and legal costs. The time allowed for redemption varies but is usually three to six months. During this period, the homeowner can either make arrangements to repay the outstanding amount or attempt to sell the property themselves.
Possible Outcomes
- Successful Redemption: If the homeowner pays the arrears within the redemption period, the foreclosure process ends, and the homeowner retains the property.
- Failure to Redeem: If the homeowner is unable to repay the arrears, the lender can proceed with obtaining an Order for Sale.
Step 5: Order for Sale
If the homeowner cannot redeem the mortgage, the lender will apply to the court for an Order for Sale. This order allows the property to be sold either through a listing with a real estate agent or via a court-supervised auction. The goal is to sell the property to recover the outstanding debt.
Methods of Sale
- Listing with a Realtor: The property may be listed for sale on the MLS® System, allowing it to reach a broader market.
- Auction: In some cases, the property may be sold through a public auction. Auctions can be riskier for buyers, as they typically require immediate payment and do not allow for home inspections.
Step 6: Distributing the Sale Proceeds
Once the property is sold, the proceeds are used to pay off the lender and cover any legal or administrative costs. If there is any remaining balance, it is returned to the homeowner. However, if the sale does not cover the entire amount owed, the lender may seek a deficiency judgment to recover the shortfall from the homeowner.
Deficiency Judgment
A deficiency judgment allows the lender to pursue the homeowner for the difference between the sale price and the amount still owed on the mortgage. This is more likely to occur if the property sells for significantly less than the mortgage balance.
Key Takeaways for Buyers in the Calgary Foreclosure Market
- Be Patient: The foreclosure process can take anywhere from three months to a year or more, depending on the circumstances. Patience is crucial for buyers interested in foreclosed properties.
- Understand the Risks: Properties sold through foreclosure are typically sold "as-is," and buyers may not have the opportunity to inspect the home before purchasing.
- Work with Professionals: Engaging an experienced Realtor and a real estate lawyer who understands Alberta's foreclosure laws can make the process much smoother.
Buying a foreclosed property in Calgary requires a clear understanding of the foreclosure process in Alberta. By knowing what to expect, you can navigate the market effectively and potentially find an excellent investment opportunity.
If you have questions or are interested in buying a foreclosed property, [Contact Us](#) today. We're here to guide you through every step of the process.
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