Power of Sale Lawyer

Arrears help

Mortgage Arrears Help

Help for Ontario homeowners and borrowers in mortgage arrears, including payment plans, payout review, refinancing, sale options, and lender negotiation.

Request a call back

Tell us what deadline is coming up.

First question

How much is needed to catch up?

The arrears figure should be confirmed in writing and checked against payment records.

Second question

Will the lender accept arrears?

Some lenders will accept arrears and costs, while others demand full payout after escalation.

Third question

What is realistic now?

Payment, refinance, sale, or negotiation should be based on proof, not hope.

Mortgage arrears statement and lender documents being reviewed

Before arrears become enforcement

Mortgage arrears are easier to solve before legal deadlines take over.

Falling behind on a mortgage is stressful, but the first step is practical: confirm the amount, identify the deadline, and decide whether the mortgage can be brought current or needs a different plan.

Arrears and payment history review

Payment plan and proof of funds

Payout and legal cost review

Refinance or controlled sale planning

Common situations

Arrears often become harder because the balance grows while the borrower is trying to catch up.

Behind on payments

You missed payments and need a catch-up plan.

The exact arrears, legal costs, and current lender deadline should be confirmed before making promises.

Fees increasing

The amount keeps changing.

Interest, legal fees, tax advances, insurance charges, and lender costs may need to be checked.

Notice threatened

The lender is warning about power of sale.

Early review can preserve options before the file becomes more expensive and time-sensitive.

Mortgage arrears can feel manageable at first and then become overwhelming. A borrower may miss one payment because of a temporary problem, then another payment comes due, then late fees and interest are added. If the lender advances taxes, pays insurance, or sends the file to a lawyer, the amount needed to fix the problem can grow quickly.

Arrears help starts with clarity. How many payments are missed? Has the lender added legal fees? Are taxes or insurance also unpaid? Is the lender willing to accept arrears, or has it demanded the full mortgage balance? Without those answers, it is hard to know whether the file can be fixed by payment or needs a larger plan.

Confirm the arrears in writing

Do not rely only on a phone conversation. Ask for the arrears amount or payout in writing. If the file has gone to a lawyer, ask whether legal costs are included and whether the lender will accept arrears to bring the mortgage current.

Then compare the lender’s number with your own records. Review bank statements, mortgage statements, returned payment notices, e-transfer confirmations, certified cheque receipts, and any emails about payment arrangements. If a payment is missing or misapplied, send proof quickly.

Understand why the lender is concerned

The lender may be worried about more than missed monthly payments. Property taxes may be unpaid. Insurance may have lapsed. Condo arrears may exist. A private mortgage may have matured. A second mortgagee may be concerned that equity is shrinking. Each problem can change what the lender will accept.

If the lender’s concern is taxes or insurance, proof that the issue has been fixed may help. If the concern is maturity, a refinance or full payout may be needed. If the lender has already served a notice of sale, arrears help becomes more urgent and the timeline should be reviewed immediately.

Payment plans need proof

Borrowers often ask for time to catch up. That may be possible, but the request should be realistic. A proposal should say how much will be paid, when it will be paid, and where the money is coming from. Proof of income, family funding, sale proceeds, tax refund, business receivable, or other funds can make the request stronger.

It is usually better to propose something realistic than to promise a payment that depends on uncertain events. A broken arrangement may make the lender less willing to wait again.

Refinancing or selling

If arrears cannot be paid quickly, refinancing may help. A refinance should be supported by a broker update, written commitment if available, appraisal status, conditions list, and expected closing date. The current payout must also be known.

A controlled sale may be the better choice if keeping the property is not realistic. Selling before the lender controls the process can sometimes preserve more equity and reduce added costs. The sale plan should include a realistic price, realtor information, payout figures, and a closing timeline.

Get advice before notice

Arrears do not always become power of sale, but they can. The earlier the file is reviewed, the more choices there may be. A lawyer can help confirm the amount, communicate with lender counsel, dispute unsupported charges, negotiate time, and plan payment, refinance, or sale before the file becomes harder to control.

What happens first

Start with the arrears amount and whether the lender will still accept it.

01

Confirm the number

Get the arrears or payout amount in writing and compare it with your own payment records.

02

Check the deadline

Find out whether the lender is still collecting internally or has moved to legal enforcement.

03

Make a provable plan

Use proof of funds, refinance documents, sale details, or a written proposal to support the request.

Ways forward

The best arrears solution is the one the borrower can actually complete.

Pay the arrears

Where the lender allows it, paying arrears and costs may bring the mortgage current.

Request a short plan

A payment arrangement should include dates, amounts, and proof that funds are coming.

Challenge the amount

Missing credits, duplicated fees, or unsupported charges should be raised with records.

Refinance

A new mortgage may clear arrears if equity, income, and timing support it.

Sell with control

If arrears cannot be fixed, an owner-led sale may preserve more value than waiting.

Respond to notice

If a notice of sale arrives, the file should be reviewed right away.

Arrears questions

Short answers for borrowers trying to catch up.

Can I stop enforcement by paying missed payments? +

Sometimes, if the lender will accept arrears and costs. If the lender is demanding full payout or the mortgage has matured, missed payments alone may not be enough.

Should I ask for a payment plan? +

A payment plan is stronger when it includes dates, amounts, and proof of where the money is coming from.

Can arrears include legal fees? +

Yes, once a file is escalated, the lender may claim legal costs. Those costs should still be reviewed against the mortgage and the work done.

What if I cannot catch up? +

The next choices may include refinancing, selling with control, negotiating time, reviewing fees, or planning for lender enforcement.

Service areas

Mortgage and property help across Ontario.

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A missed deadline can change the whole file.

Send the notice, demand letter, or court document and get a focused next-step review.