Practice Areas
Real Estate Litigation Lawyers
Mortgage and Foreclosure Litigation
Mortgage and foreclosure litigation in Ontario involves legal disputes related to the foreclosure of a mortgage and the repossession of a property.
Mortgage and foreclosure litigation can be complex and require legal expertise to resolve. In Ontario, mortgage and foreclosure litigation is governed by the Mortgages Act and other relevant legislation.
There are several types of mortgage and foreclosure litigation that can arise in Ontario, including:
Foreclosure
Foreclosure is a legal process through which a lender seeks to recover a debt by selling a property that was used as collateral for a mortgage. Foreclosure can occur when a borrower defaults on their mortgage payments.
Example: A borrower may default on their mortgage payments, and the lender may seek to foreclose on the property and sell it to recover the outstanding debt.
Power of sale
Power of sale is a legal process that allows a lender to sell a property without the need for a court order. This process is available to lenders when a borrower defaults on their mortgage payments.
Example: A borrower may default on their mortgage payments, and the lender may seek to sell the property through the power of sale process.
Deficiency claims
Deficiency claims arise when a lender is unable to recover the full amount of the outstanding debt through the sale of the property. In Ontario, lenders can seek a deficiency judgment against the borrower to recover the remaining debt.
Example: A lender may sell the foreclosed property, but the sale proceeds may not be enough to cover the outstanding debt. In this case, the lender may seek a deficiency judgment against the borrower to recover the remaining debt.
Mortgage fraud
Mortgage fraud occurs when a borrower provides false or misleading information to a lender in order to obtain a mortgage. Mortgage fraud can result in the lender seeking to recover the outstanding debt through litigation.
Example: A borrower may provide false or misleading information about their income or assets in order to obtain a mortgage. If the lender discovers the fraud, they may seek to recover the outstanding debt through litigation.
In Ontario, resolving mortgage and foreclosure disputes typically involves an examination of the relevant laws and regulations, as well as an analysis of the specific circumstances of the case. Legal arguments may involve issues related to contract law, property law, and civil procedure. Mortgage and foreclosure disputes can be resolved through negotiation, mediation, or litigation, depending on the nature and complexity of the dispute.
If a lender is successful in obtaining a foreclosure or power of sale, the borrower may be required to vacate the property, and the lender may sell the property to recover the outstanding debt. If a deficiency judgment is granted, the borrower may be required to pay the remaining debt to the lender.
Boundary Disputes
Boundary disputes in Ontario involve disagreements between property owners over the location and ownership of a property’s boundary.
Land Use Disputes
Real Estate Litigation Consulting
Condominium Law
Construction Litigation
Title Insurance Claims
Title Disputes
Real Estate Fraud
As a litigation law firm, we understand that real estate fraud can be a serious problem for individuals and businesses. We know that it typically involves deceptive practices in real estate transactions, such as mortgage fraud, misrepresentation of property values, and other types of fraudulent behavior. We also know that real estate fraud can be perpetrated by individuals, real estate agents, brokers, or other parties involved in the transaction.
Real Estate Contracts
Real Estate Agent and Broker Liability
Mortgage and Foreclosure Litigation
Mortgage and foreclosure litigation can be complex and require legal expertise to resolve. In Ontario, mortgage and foreclosure litigation is governed by the Mortgages Act and other relevant legislation.
Easements and Rights of Way
Easements are legal rights granted to someone other than the owner of a property to use a specific portion of the property for a specific purpose.
In Ontario, easements are governed by the common law and the Land Titles Act, which provides for the registration of easements on a property’s title.
Landlord-Tenant Disputes
Whether you are a landlord seeking to evict a tenant, or a tenant facing eviction or other legal issues, our team is here to help. We provide comprehensive legal services, including negotiating settlements, representing clients at the Landlord and Tenant Board, and pursuing litigation in court.
Commercial Leasing Disputes
Leasing disputes in Ontario involve legal disputes between landlords and tenants over the terms and conditions of a lease. Leasing disputes can be complex and require legal expertise to resolve. In Ontario, leasing disputes are governed by the Residential Tenancies Act (RTA) and the Commercial Tenancies Act (CTA), depending on the type of lease involved.
Agreements of Purchase and Sale
Breach of contract claims can be highly complex and can arise in a variety of situations where one party fails to fulfill their obligations under a contract. This can occur in a wide range of legal agreements, including contracts related to real estate transactions, employment agreements, sales contracts, construction agreements, and more.
Environmental Litigation
Joint Venture and Partnership Disputes
Joint venture and partnership disputes arise when two or more parties collaborate on a real estate project. Disputes can arise over issues related to ownership, management, and financing.