Borrower Defaults Under a Mortgage and Lender's Enforcement Rights: Overview | Practical Law

Borrower Defaults Under a Mortgage and Lender's Enforcement Rights: Overview | Practical Law

A Practice Note discussing common borrower defaults and a lender’s enforcement rights and remedies following a borrower default in connection with a charge/mortgage of commercial real property. This Note provides an overview of common breaches by borrowers under a mortgage, such as the failure to pay and breach of covenant and the most common remedies available to commercial lenders, such as power of sale, foreclosure, and judicial sale. This Note is applicable across all jurisdictions but the remedies available to commercial lenders will vary across jurisdictions and local counsel should be consulted. The selection of enforcement options and the process of mortgage enforcement varies among provinces and territories due to different provincial and territorial legislation.

Borrower Defaults Under a Mortgage and Lender's Enforcement Rights: Overview

Practical Law Canada Practice Note Overview w-023-7165 (Approx. 17 pages)

Borrower Defaults Under a Mortgage and Lender's Enforcement Rights: Overview

by Practical Law Canada Commercial Real Estate
MaintainedCanada (Common Law)
A Practice Note discussing common borrower defaults and a lender’s enforcement rights and remedies following a borrower default in connection with a charge/mortgage of commercial real property. This Note provides an overview of common breaches by borrowers under a mortgage, such as the failure to pay and breach of covenant and the most common remedies available to commercial lenders, such as power of sale, foreclosure, and judicial sale. This Note is applicable across all jurisdictions but the remedies available to commercial lenders will vary across jurisdictions and local counsel should be consulted. The selection of enforcement options and the process of mortgage enforcement varies among provinces and territories due to different provincial and territorial legislation.