By Warren McNeil
What is a foreclosure or power of sale? Although a simple Google search will get you this answer, I will just reference my trusty real estate encyclopedia for you.
Foreclosure (Accounts for approximately 1/4 of 1% of all transactions in Canada annually)
The termination of the mortgagors (person who has the mortgage) right to property by the motgagee (bank) resulting from the breach of covenant (promise) by the mortgagor, e.g., the non-payment of moneys due. The foreclosure action deprives the mortgagor the right to redeem the property (equity of redemption), subject to tatutory provisions that exist in individual provincial jurisdictions.
In other words the bank takes over the house to sell and the mortgagor can’t redeem any equity. In some cases the bank will sell for what is owing on the mortgage.
The statistic that I cited in the heading was on a Powerpoint slide at our Re/Max convention this year.
Power of Sale (Method used in Ontario)
The right of a mortgagee to force the sale of a property, without judicial proceedings, should default occur. The term power of sale indicates a sale under the power contained in the mortgage document and/or persuant to appropriate provincial legislation. Procedures concerning power of sale vary by province.
Provincial reference:
The power of sale can often be the fairest, most inexpensive method to deal with an unpleasant financial circumstance, as it allows the, mortgagee to retrieve only what is entitled to and no more. If a suplus occurs, the the owner/mortgagor will benefit. The power of sale does involve certain complexities, particularly the gaining of posession and the obligation of the mortgagee to obtain the best possible value.
People ask me all of the time, where do I get a list of foreclosure properties. I always tell them it is very difficult because in Canada foreclosures account for approximately 1/4 of 1% of all transactions annually. I don’t know the exact number I just know it is really low.
Power of sale’s, on the other hand, are the method Canadian lenders use to remedy defaulted mortgages. When offered for sale, these homes usually sell at market value. Some people think they are going to get a deal with a power of sale. This is not always the case. That’s not to say that you won’t get any deals. What I am saying is that sometimes you won’t. Obtaining a list of power of sales can be a little difficult. I usually try to keep track of which homes are power of sales.
Another type of home you should consider is the one that needs some work. If you know where to look you could find some real gems out there. Sort of like searching for treasure. If you are handy and some extra time on your hands, consider purchasing a home that needs a bit of work.
Thanks for reading!
Warren & Melanie McNeil | Sales Representatives, Team McNeil | Re/Max Twin City Realty, Brokerage
( 519.579.4110 | * Click Here to Email | 8 www.clickthathouse.com, www.teammcneil.com/blog
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