Common Questions

I’ve missed a few mortgage payments and am facing foreclosure

Last reviewed in September 2018 by Clicklaw Editors

When you miss a payment, your lender may send you a reminder letter immediately. If they don't hear from you or don't receive the missed payment after that, they will send you a demand letter. In BC, the lender must send you a demand letter before going to court to ask for foreclosure. Foreclosure is a court process where the lender tries to take your property because you haven't paid your mortgage.

Good starting points include:

  • MyLawBC - Missed Mortgage Payments Pathway, from the Legal Services Society, can help you find out your options and where to go for financial and legal advice. 
  • Foreclosure, from People's Law School, describes the foreclosure process and what you can do if a lender starts to foreclose on your mortgage.
  • Can't Pay Your Mortgage? What You Can Do If You're Facing Foreclosure, from the Legal Services Society, is a booklet for homeowners who can’t make their mortgage payments, or have received a Petition to go to court. It explains what homeowners can do during foreclosure, and lists agencies that can help. Includes where to get required court forms online and instructions to complete them.
  • Consumer and Debt Law, from People's Law School, has information for advocates whose clients are facing foreclosure. See the chapter on " Mortgages and foreclosure," which includes strategies for solving the problem by reinstating or redeeming the mortgage, as well as tips for safeguarding the borrower's rights during the foreclosure process.

Need more help?

  • Lawyer Referral Service, from CBA BC, helps you connect with a lawyer for an initial consultation of up to 30 minutes for $25 plus taxes.
  • Civil Chambers Program, from Access Pro Bono Society of BC, provides legal assistance and representation services to low- and modest-income individuals engaged in civil (non-family) chambers litigation matters before the Supreme Court and Court of Appeal in Vancouver. 
  • Find more help near you on Clicklaw HelpMap.

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tags
foreclosure, mortgage, missed mortgage payments