Common Questions

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

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 the Canadian Bar Association BC Branch, 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 Law and Credit/Debt Law: A Guide for British Columbia, from the Legal Services Society, has information for advocates whose clients are facing foreclosure. See the chapter on "Foreclosure and mortgages," 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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Last reviewed September 2018

tags
foreclosure, mortgage, missed mortgage payments