If you are facing a possible home foreclosure in Montreal or Quebec you should try to get legal help. We have access to lawyers that can provide a FREE consultation regarding your foreclosure or sale by judicial authority. Please call us and we can determine the type of help you need. Please note we are not lawyers and can not provide a legal opinion.
There are certain procedures that a lender must follow before they can start a home foreclosure in Montreal, Quebec. The first step in the foreclosure process is that a lender must apply to a court for an order. If there’s a Supreme Court Registry in your local town or city, the lender is usually required to start the foreclosure proceedings there. It is also possible to file at another court location if you agree to it.
Once the court has the filed order a “petition for foreclosure” a copy will be sent to you. This is a copy of the lender’s foreclosure application to the court. The lender can also ask the court to sue you for any amount money that you may still owe on the mortgage.
As the home owner in Montreal, Quebec you have the right to request an Appearance Form from the court registry. The Appearance Form must be completed and filed at the court address shown on the petition. The Appearance Form requires the lender or any other person to notify you of any further steps or filings that relate to your property. If you don’t file the Appearance Form, the lender can proceed without informing you of the legal proceedings or the status of the foreclosure. Once the Appearance Form is filed, you will get a document called a “Notice of Hearing”. This notice tells you when the lender will ask the judge for an order to start the foreclosure process.
The home owner is given time to “redeem” the mortgage by paying the full amounted owed, plus any interest, costs and taxes to the lender. This time period is called the “redemption period” and it’s length can vary but usual time for this is about 6 months. You can also ask the judge for a longer period of time to get the money required to pay off the mortgage or sell your home. The Quebec foreclosure laws are designed to give the home owner every change to redeem the mortgage.