When the creditor secures finance using a mortgage, the words in the mortgage are important. There are a large number of excellent mortgage precedents available which will secure your credit. The enforcement step is more complex and requires a good deal of hands-on experience in taking effective steps that are timely and cost-efficient.
On this page I include a number of commentaries I have written on the latest cases in mortgage writing and enforcement:
certificate of pending litigation:
self-represented mortgagors raising novel claims:
personal guarantees:
terms in the mortgage:
- Standard Charge Terms in a Mortgage: What costs can the Mortgagee recover?
- mortgage fraud: what does ‘fee simple’ mean?
the interest rate charged by the mortgagee:
- the latest ONCA application of the criminal interest rate argument to a 3 month 24% mortgage
- what if the debtor now says that the loan breaches s.347 of the criminal code of Canada?
- latest mortgage enforcement case striking out all or substantially all of the mortgagee’s monetary items on the notice of sale other than principal and basic interest
- Pre-judgment Interest: How to get compounding! (ONCA latest)
- Interest Penalty Clauses: How does Canadian law actually assess opportunity cost in contract breach?
- s.8 of the Interest Act requires that interest rate on the borrower does not change
- The interest rate penalty clause for breaching the contract: the latest Ontario case
- What if the interest rate in the promissory note is too high?
- Interest rate penalty clause: Response to Shahzad Siddiqui’s critique
- Can a mortgage renewal clause EVER ask for a higher interest rate?
- Dunphy J. corrects Morgan J. on whether the mortgagor must actually read the contract
- Can an option to purchase be considered an interest penalty on arrears in breach of the Interest Act s.8?
- Court will reduce loan interest rates above 60% to 60%
- Interest: 26% default interest upheld (latest case)
the sale process carried on by the mortgagee in possession:
- mortgagee sale: how to demonstrate that the sale process is unreasonable
- does part-payment during the notice period void the notice of sale period?
- Improvident sale: how not to contest improvidence (latest ONCA)
- What is the value of an appraiser’s report based entirely upon hearsay?
- mortgagee sale: doing it the lazy way: carrying out on sale when you should be running two sales
- Why do I have to pay the Mortgagee’s costs even after judgement when the mortgagee should have included all his costs in his original claim
- improvident sale injunction: how much marketing process evidence is necessary to get an injunction
- Improvident sale injunction: using the mortgagor’s choice of agent
- Improvident sale: asking for the injunction after the mortgagee has signed an agreement of purchase and sale
- improvident sale: isn’t it enough to get two appraisals and three offers?
- How should the mortgagee in possession appraise partially developed land?
- improvident sale by mortgagee in possession
- extending the closing: does the ‘Tarion Addendum’ mean that lawyer cannot extend the closing?
forbearance
partial summary judgment
