A step-by-step guide to remedies

Marriott and Dunn: Practice in Mortgage Remedies in Ontario, 5th Edition, provides the most comprehensive step-by-step review of the procedures governing foreclosure, judicial sale and power of sale in Ontario.

The foreclosure, judicial sale and redemption process, as it is governed by Rule 64 of the Rules of Civil Procedure and three centuries of common law, are methodically reviewed from the preliminary matters, compliance with notice requirements, the identification of proper parties, pleadings, defences, default and summary foreclosure proceedings, redemption and/or sale rights, and the document registration procedure under electronic registration.

The reference process itself is methodically reviewed from the first appointment to the referee’s report. This includes adding parties, proving claims, taking accounts, determining priorities, fixing the redemption period, granting final orders of foreclosure, and final orders for sale.

The judicial sale procedures after the judgment or final order for sale, including appraisal requirements, conditions of sale, the methods of conducting a judicial sale, including abortive sales, interim sale practice and the final accounting procedure are covered extensively.

Specific issues concerning claims by interested parties including spouses, minors, construction lien claimants, bankrupts, dissolved corporations, parties who acquire an interest pendente lite and others, and costs receive specific attention.

Fifteen chapters provide the busy practitioner with a ready reference to every aspect of the power of sale remedy with the most comprehensive case law review of the process in Ontario. The notice of sale itself, including parties to be served and the service requirements, sale without notice, the right to redeem, injunctive relief, the marketing process, mortgagee’s duties in conducting the sale, the registration process, accounting for the sale proceedings and costs receive chapter-by-chapter coverage.

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