Mortgage Journey · Stage 9 of 9

If It Goes Wrong

Missed payments, arrears, and what a lender can actually do about them. Ontario and Alberta take different routes, and the time you have depends on which province you are in and how early you act.


All broker questions

Pekoe Mortgages is licensed in Ontario (FSRA #13321) and Alberta (RECA). This stage page routes you to the answer. It is general information, not legal advice.

Where you are

What this stage decides

How much time you have, and whether you still have options. Options exist while a mortgage is current, shrink once it is in arrears, and narrow sharply once enforcement starts.

Speak to a lawyer early. This page describes mechanisms, and nothing on it tells you what will happen in your specific situation.

Your steps

What happens, and who does each part

The general shape. Timing and sequence depend on your contract and your province.
StepWho does itWhat it produces
Contact your lender and your broker before a payment is missedYouThe widest set of options you will ever have
Lender applies arrears interest and contacts youLenderA growing balance and a formal record
Lender issues formal noticeLenderIn Ontario a notice of sale, in Alberta a court process
Get legal adviceYou, with a lawyerYour actual position, which depends on the documents
Refinance, sell, or defendYou and your advisersAn outcome chosen rather than imposed

Who is involved

Who you deal with at this stage

A lawyer

The first call, not the last. Enforcement is a legal process and the deadlines in it are real.

Your lender

Entitled to enforce under the mortgage, and often willing to discuss an arrangement before it does.

Your mortgage broker

Able to tell you quickly whether refinancing is realistic, including through a private lender.

The court, in Alberta

Alberta uses judicial foreclosure, so the process runs through the court rather than privately.

Province differs

Ontario and Alberta take different routes

The headline difference. Your lawyer will tell you what applies to your file.
 OntarioAlberta
Usual routePower of saleJudicial foreclosure
Runs through the courtNot usuallyYes
Formal noticeNotice of sale under the mortgageCourt filed proceedings
Shortfall after saleThe borrower can be pursuedRestricted on a conventional mortgage, with exclusions

Documents needed

What to gather before the first call

Having these to hand shortens every conversation that follows.
DocumentWhy it matters
Any notice or correspondence from the lenderIt sets out what has been commenced and when
Your mortgage and commitmentContains the default and enforcement terms being relied on
A current payout statementShows arrears, interest and fees already added
Property tax statusArrears have priority over a mortgage

Frequently Asked Questions

How many payments can I miss before something happens?

That depends on your mortgage contract and your lender’s practice rather than a fixed number. Contact them before the first missed payment, not after the third.

What is the difference between power of sale and foreclosure?

Power of sale is the usual Ontario route and does not normally run through the court. Alberta uses judicial foreclosure, which does.

Can the lender come after me for a shortfall?

In Ontario a borrower can be pursued for a shortfall. Alberta restricts this on a conventional mortgage, with important exclusions. Ask a lawyer about your specific mortgage.

Can I stop the process once it has started?

Often yes, by bringing the arrears current, refinancing, or selling before completion. How long you have depends on the province and the stage reached.

Will a private lender refinance me out of arrears?

Sometimes, where there is enough equity. It buys time at a higher cost, so it is a bridge to a plan rather than the plan itself.

Do property tax arrears matter here?

Yes. Municipal tax arrears rank ahead of a mortgage, so they affect what a lender or buyer is willing to do.

Should I just let the house go?

Selling on your own terms usually produces a better outcome than an enforced sale, but it depends on equity and timing. Get legal advice before deciding.

Who should I call first?

A lawyer, and your broker. The lawyer tells you where you stand legally, and the broker tells you quickly whether refinancing is realistic.

Keep going

Back to the start


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Pekoe Mortgages is a licensed brokerage in Ontario (FSRA #13321) and Alberta (RECA). This page is general information, not financial or legal advice, and does not create a broker and client relationship.