Enforcing Judgments Against Land - Revision history

Drew Jackson: /* Starting the enforcement action */

2018-10-12T19:16:28Z

Starting the enforcement action

← Older revision		Revision as of 19:16, 12 October 2018
Line 18:		Line 18:

	=== Procedure for an enforcement action===		=== Procedure for an enforcement action===
	====Starting ~~the~~ enforcement action====		====Starting an enforcement action====
	Enforcement actions for the sale of land must be brought in Supreme Court under sections 92 to 113 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act'']. These sections provide a code for the procedure for having the property sold. The judgment creditor’s first step is to register the judgment against the debtor’s property in the Land Title Office.		Enforcement actions for the sale of land must be brought in Supreme Court under sections 92 to 113 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act'']. These sections provide a code for the procedure for having the property sold. The judgment creditor’s first step is to register the judgment against the debtor’s property in the Land Title Office.

Drew Jackson: /* Related topics and materials */

2018-10-12T17:07:29Z

Drew Jackson: /* Solving the problem */

2018-10-12T17:06:22Z

Solving the problem

← Older revision		Revision as of 17:06, 12 October 2018
Line 92:		Line 92:
	Based on the case law, there are a number of possible outcomes. In extreme circumstances, the court might be persuaded to dismiss the action at the show cause stage if a sale would produce extreme hardship for one or more of the judgment debtors.		Based on the case law, there are a number of possible outcomes. In extreme circumstances, the court might be persuaded to dismiss the action at the show cause stage if a sale would produce extreme hardship for one or more of the judgment debtors.

	The court might be persuaded to order a deferral of the sale at the final hearing when the registrar’s report is considered. Section 96 of the [http://canlii.ca/t/84h5 Court Order Enforcement Act] provides in part: “where a premises situated on the land … of a judgment debtor is the home of the debtor, the court may defer the sale, subject to the performance by the judgment debtor of terms and conditions of payment or otherwise as the court imposes.”		The court might be persuaded to order a deferral of the sale at the final hearing when the registrar’s report is considered. Section 96 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''] provides in part: “where a premises situated on the land … of a judgment debtor is the home of the debtor, the court may defer the sale, subject to the performance by the judgment debtor of terms and conditions of payment or otherwise as the court imposes.”

	The court might be persuaded to defer the order for sale to allow the debtor to try to sell the property. The advantage of this approach is that the debtor may be able to get a better price for the property than if the property is sold by the court bailiff.		The court might be persuaded to defer the order for sale to allow the debtor to try to sell the property. The advantage of this approach is that the debtor may be able to get a better price for the property than if the property is sold by the court bailiff.

Drew Jackson: /* Learning the circumstances */

2018-10-12T17:03:26Z

Learning the circumstances

← Older revision		Revision as of 17:03, 12 October 2018
Line 43:		Line 43:

	== Information gathering==		== Information gathering==
	===~~Learning~~ the circumstances===		===Learn all the circumstances===
	Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors?		Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors?

Drew Jackson: /* Information gathering */

2018-10-12T17:02:44Z

Information gathering

← Older revision		Revision as of 17:02, 12 October 2018
Line 43:		Line 43:

	== Information gathering==		== Information gathering==
	===~~Learn~~ the circumstances===		===Learning the circumstances===
	Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors?		Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors?

Drew Jackson: /* Information gathering */

2018-10-12T17:02:29Z

Information gathering

← Older revision		Revision as of 17:02, 12 October 2018
Line 43:		Line 43:

	== Information gathering==		== Information gathering==
			===Learn the circumstances===
	Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors?		Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors?

Line 57:		Line 58:
	Consider conducting a Land Title Office search of the debtor’s property to confirm all the charges against the title.		Consider conducting a Land Title Office search of the debtor’s property to confirm all the charges against the title.

			===Practical realities===
	The most significant issue in an enforcement action against land is the equity the debtor has in the land. For this reason, you must obtain a realistic appraisal of the property. The most recent statement from the BC Assessment Authority can help. Alternatively, you could use a real estate agent or qualified appraiser.		The most significant issue in an enforcement action against land is the equity the debtor has in the land. For this reason, you must obtain a realistic appraisal of the property. The most recent statement from the BC Assessment Authority can help. Alternatively, you could use a real estate agent or qualified appraiser.

Drew Jackson: /* Information gathering */

2018-10-12T16:59:55Z

Information gathering

← Older revision		Revision as of 16:59, 12 October 2018
Line 43:		Line 43:

	== Information gathering==		== Information gathering==
	Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? both spouses? guarantors?		Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors?

	Confirm whether any legal action against the debtor has begun. If a legal action has been started, confirm the nature of the proceedings and the stage the proceedings are at.		Confirm whether any legal action against the debtor has begun. If a legal action has been started, confirm the nature of the proceedings and the stage the proceedings are at.

Drew Jackson: /* Difference between foreclosure and an enforcement action */

2018-10-12T16:55:31Z

Difference between foreclosure and an enforcement action

← Older revision		Revision as of 16:55, 12 October 2018
Line 15:		Line 15:
	'''Foreclosure''' is a proceeding brought by a creditor who has a mortgage interest in a property. Usually, when a person borrows money to buy a home, they have to give the lender a mortgage over the home as security. If the borrower defaults, the lender can bring a legal action to take (or "foreclose") the property and, at the same time, get a judgment for the money owed. See the [[Mortgages and Foreclosure]] section for details.		'''Foreclosure''' is a proceeding brought by a creditor who has a mortgage interest in a property. Usually, when a person borrows money to buy a home, they have to give the lender a mortgage over the home as security. If the borrower defaults, the lender can bring a legal action to take (or "foreclose") the property and, at the same time, get a judgment for the money owed. See the [[Mortgages and Foreclosure]] section for details.

	An '''enforcement action''' is a proceeding brought by an unsecured creditor who has obtained a judgment against a debtor. An unsecured creditor does not have a mortgage as security. The creditor must first get a judgment, and then bring the enforcement action ~~seeking to have~~ the ~~property sold~~.		An '''enforcement action''' is a proceeding brought by an unsecured creditor who has obtained a judgment against a debtor. An unsecured creditor does not have a mortgage as security. The creditor must first get a judgment, and then bring the enforcement action against property owned by the debtor.

	=== Procedure for an enforcement action===		=== Procedure for an enforcement action===

Drew Jackson: /* Difference between foreclosure and an enforcement action */

2018-10-12T16:53:48Z

Difference between foreclosure and an enforcement action

← Older revision		Revision as of 16:53, 12 October 2018
Line 15:		Line 15:
	'''Foreclosure''' is a proceeding brought by a creditor who has a mortgage interest in a property. Usually, when a person borrows money to buy a home, they have to give the lender a mortgage over the home as security. If the borrower defaults, the lender can bring a legal action to take (or "foreclose") the property and, at the same time, get a judgment for the money owed. See the [[Mortgages and Foreclosure]] section for details.		'''Foreclosure''' is a proceeding brought by a creditor who has a mortgage interest in a property. Usually, when a person borrows money to buy a home, they have to give the lender a mortgage over the home as security. If the borrower defaults, the lender can bring a legal action to take (or "foreclose") the property and, at the same time, get a judgment for the money owed. See the [[Mortgages and Foreclosure]] section for details.

	An '''enforcement action''' is a proceeding brought by an unsecured creditor who has obtained a judgment against a debtor. An unsecured creditor does not have a mortgage as security. The creditor must first get a judgment, and then bring the enforcement action ~~against~~ the property.		An '''enforcement action''' is a proceeding brought by an unsecured creditor who has obtained a judgment against a debtor. An unsecured creditor does not have a mortgage as security. The creditor must first get a judgment, and then bring the enforcement action seeking to have the property sold.

	=== Procedure for an enforcement action===		=== Procedure for an enforcement action===

Drew Jackson: /* Difference between foreclosure and an enforcement action */

2018-10-12T16:53:27Z

Difference between foreclosure and an enforcement action

← Older revision		Revision as of 16:53, 12 October 2018
Line 15:		Line 15:
	'''Foreclosure''' is a proceeding brought by a creditor who has a mortgage interest in a property. Usually, when a person borrows money to buy a home, they have to give the lender a mortgage over the home as security. If the borrower defaults, the lender can bring a legal action to take (or "foreclose") the property and, at the same time, get a judgment for the money owed. See the [[Mortgages and Foreclosure]] section for details.		'''Foreclosure''' is a proceeding brought by a creditor who has a mortgage interest in a property. Usually, when a person borrows money to buy a home, they have to give the lender a mortgage over the home as security. If the borrower defaults, the lender can bring a legal action to take (or "foreclose") the property and, at the same time, get a judgment for the money owed. See the [[Mortgages and Foreclosure]] section for details.

	An '''enforcement action ~~against land~~''' is a proceeding brought by an unsecured creditor who has obtained a judgment against a debtor. An unsecured creditor does not have a mortgage as security. The creditor must first get a judgment, and then bring the enforcement action.		An '''enforcement action''' is a proceeding brought by an unsecured creditor who has obtained a judgment against a debtor. An unsecured creditor does not have a mortgage as security. The creditor must first get a judgment, and then bring the enforcement action against the property.

	=== Procedure for an enforcement action===		=== Procedure for an enforcement action===

← Older revision		Revision as of 17:07, 12 October 2018
Line 107:		Line 107:
	* [[Mortgages and Foreclosure]]		* [[Mortgages and Foreclosure]]
	* [[Instalment Payment Orders]]		* [[Instalment Payment Orders]]
	* [[~~Lawyers’~~ Fees]]		* [[Lawyers' Fees]]

	~~See also Dealing with Debt: A Consumer’s Guide from the Office of the Superintendent of Bankruptcy Canada.~~


	{{Consumer and Debt Law Navbox\|type = court}}		{{Consumer and Debt Law Navbox\|type = court}}