A boutique Toronto law firm servingclients across Canada since 1987
One issue in my mortgage enforcement practice that seems to be a continuing source of confusion to many...
In my previous post I completed a 9 part series dealing with Self-Help mortgage remedies. Those are...
In my previous post LXXXII I identified 4 types of properties that appear to be safe for a mortgagee to take...
In my previous post LXXXI I set out the 3 simple rules imposed by the common law and by statute law on a...
In my previous post LXXX I explained the Court of Appeal’s rationale in its Hume decision (at 2022 ONCA...
My previous post LXXIX repeated the law (which was reiterated this past August (of 2022) by the...
My previous post LXXVIII enumerated the errors that the Learned Judge made in the Zapfe Holdings v...
My previous post LXXVII continued this latest series commenting on the May 18, 2022, court case...
Last week’s post LXXVI continued this latest series commenting on the May 18, 2022, court case known as...
Last week’s post LXXV was the beginning of a series commenting on the May 18, 2022, court case known as...
Over the past few years I have written various posts (see, for example, Post XXI and Post XXX and the recent...
In the previous ‘power of sale’ blog LXXIII posted earlier this month, I reminded readers that a...
In the previous ‘power of sale’ blog LXXII posted last week, I looked at the...
In the previous ‘power of sale’ blog LXXI posted last week, I continued a...
In the previous ‘power of sale’ blog LXX posted last week, I continued a...
In the previous ‘power of sale’ blog LXIX posted last week, I continued a multi-part AMA –...
In the previous ‘power of sale’ blog LXVIII posted last month, I continued a multi-part...
In the previous ‘power of sale’ blog LXVII posted last week, I began a multi-part...
In the previous ‘power of sale’ blog LXVI posted by me last December, 2021,...
In the previous Post LXV I explained why a mortgagee in possession need only provide a...
In the previous Post LXIV I reviewed the rules that govern discharges and assignments of mortgages...
In the previous Post LXIII I looked at why some third party mortgage financiers (who repay a prior mortgage...
In the previous Post LXII I reviewed the privacy issues arising when a prior mortgagee receives a...
In the previous Post LXI I started to examine how privacy legislation (PIPEDA) affects mortgage...
In the previous Post LX I continued a review of mortgage statements and gave a real life example of...
In the previous Post LIX I continued a review of mortgage statements, and revealed how a loan...
In the previous Post LVIII I continued a review of mortgage statements, looking at mistakes that...
In the previous Post LVII I continued a review of mortgage statements, looking at mortgage...
In the previous Post LVI I continued a multi-part series unpacking mortgage statements and focused...
In the previous Post LV I started a series unpacking mortgage statements, whether for...
In the previous Post LIV I explored ILA – Independent Legal Advice - and answered the...
In the previous Post LIII I explored ILA – Independent Legal Advice - and answered the...
In the previous Post LII I explained that while the courts are stricter in their requirement that a...
In the previous Post XLI I continued the discussion regarding personal guarantees sometimes found...
In the previous Post XL I started thinking about the personal guarantees sometimes found in...
Post XLI started an in depth look at power of sale litigation. In the previous Post XLIX I...
Post XLI started an in depth look at power of sale litigation. In the previous Post XLVIII I...
Post XLI started an in depth look at power of sale litigation. In the previous Post XLVII I explained that I...
Post XLI started an in depth look at power of sale litigation. The previous Post XLVI began an exploration...
Post XLI started an in depth look at power of sale litigation. The previous Post XLV explained that when the...
Post XLI started an in depth look at power of sale litigation. The previous Post XLIV looked at the parties...
Post XLI was the beginning of an in depth look at power of sale litigation. The previous Post XLIII looked at...
Post XLI started an in depth look at power of sale litigation. In this post, I review the requirements of a...
The law in Ontario has always favoured the interests of the mortgage lender who is exercising its power of...
My 25th post (Part XXV) from last September, 2020 began a review of power of sale (or mortgage remedy)...
My last 5 blog posts (Parts XXXV to XXXIX inclusive) have examined fees, charges and penalties that...
My last 4 blog posts (Parts XXXV and XXXVI and XXXVII and XXXVIII) have examined fees, charges and penalties...
My last 3 blog posts (Parts XXXV and XXXVI and XXXVII) have examined fees and charges and penalties that...
My last 2 posts Part XXXV and XXXVI dealt with the fees, charges and penalties that private mortgagees...
My last post Part XXXV started a conversation focusing on the fees, charges and penalties that private...
Most of my readers will be familiar with the myriad of the fees, charges and penalties that are typically...
This is a continuation of the last 3 posts PART XXXIII and PART XXXII and PART XXXI in...
This is a continuation of the last 2 posts PART XXXII and PART XXXI in which I discussed a power of sale...
In POST XXXI (part 1 of this Series) I introduced a private mortgage power of sale fact scenario that landed...
Back in September of 2020 – just before the pandemic's 2nd wave hit hard, I received a call from a...
Much to the misunderstanding of many in the industry, a court order or writ of possession is not required in...
My previous 3 blog posts HERE and HERE and HERE, introduced a retrospective review of...
My previous blog posts HERE and HERE introduced a retrospective review of mortgage remedies during...
My previous BLOG POST introduced a retrospective review of mortgage remedies during the Covid-19 pandemic....
I think it safe to say that virtually all of us were taken by surprise when Ontario was suddenly locked-down...
As mentioned in a previous posts POST IX & POST X, a mortgagee has to make a fundamental choice of...
In the previous 2 post, I reviewed (not too harshly, I hope) an unusual letter that I received from a lawyer...
In the last post, I told my readers that I acted for a mortgagee who had just taken possession of rented...
I act for a private mortgage lender who holds a mortgage of residential rental property. The mortgage has...
One question that I often hear from client mortgagees holding mortgages in default is whether a formal court...
The Courts in Ontario, through decades and decades of jurisprudence, have created mortgage remedy parameters...
You have decided to enforce your private mortgage that is now in default. But you are faced with...
Your private mortgage is in default. Your mortgagor is not paying. She or he continues to duck your calls and...
Previous posts Part XI and Part XII and Part XIII have introduced and dealt with various notice of sale...
The Federal Court of Appeal’s recent decision in the Canada v TD Bank case has been the...
/lawyers/michael-s--myersAs a result of the Federal Court of Appeal’s recent decision in the Canada v...
When I started blogging at the onset of the Covid-19 lockdown, I vowed (to myself) that I would not write in...
Mortgage remedies are tricky. Because, at least in part, notices of sale are tricky. Your mortgage remedy...
Your mortgagor / homeowner did not make the monthly mortgage payment that recently fell due. Another has...
You’ve been lending money to homeowners on the security of second and third real property mortgages for...
Mortgages were significantly different animals in England in the 1600s and 1700s. Then, unlike now, a...
A private mortgage lender has a choice of remedies available to it following a default occurring under its...
In the last few blogs, I reviewed demand letters in some detail. And in the previous blog HERE I opined that...
In the prior three posts HERE and HERE and HERE I examined demand letters in some detail; when and why...
In the previous 2 blogs, I talked about demand letters generally. In this posting, I will delve into some...
In the previous blog post, I wrote about demand letters following mortgage default. But not all defaults are...
In the previous Blog post found at here I wrote about mortgage defaults; material defaults, not-so-material...
I write this post on April 1. April Fools’ Day. If only this pandemic were just that. Unfortunately, it...
Over 1,000,000 Canadians applied for EI assistance as of last week. This nearly doubles the number of...
PART I of a series of blog posts intended to aid private mortgage lenders who will soon find themselves...
With unmanageable debt, individuals and businesses often find themselves in grave situations with their...
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