Would you please exactly explain the sheriff's eviction process after foreclosure in Ontario, Canada?

Question

We have heard many different versions.

After the 1st mortgagee forclosed we were given until October 10 to move in a letter from the lawyer. Two weeks ago someone came by to do an occupancy status report and nothing since.

Should we move now or will the sheriff give us time when he comes with a notice?

Will the second mortgagee try to take over the first and give us more time?

Thanks.

Answer 1

Hello, First off, obvously you are having some difficulties and hopefully things will turn around. I am in the US, but my advice would be the same, as the process here can vary greatly from county to county. You need to contact the sheriff's office directly. You should try to go there personally and find out exactly what is your current status and what is the process. Also there may be tenants association or credit counseling service that can give you information. I know it may be hard for you, but in fact these folks deal with the topic every day.
Carefully read through any material you have been sent, it may have more info.
You have to think it may be better just to go ahead and move out. You may want to look into a quit claim deed, that would save the sheriff, court and bank the additional cost of processing your eviction. And you may avoid additional charges for those items. Again, best to get local expert opinion. Or at the very least move out your personal and valuable possessions in case you get short notice, or they show up one day to change the locks.

As for the second mortgage holder, I have never seen a second holder get involved in taking over a first. Usually the process is the first motgage holder initiates the foreclosure and goes through the process, regardless of any other creditors. Take care