Difference between revisions of "The Bank Is Threatening Foreclosure on My Home"

# If you can’t work things out with the lender, the lender will probably serve you with a BC Supreme Court '''Petition''' asking for an '''Order Nisi''' of foreclosure. If granted, an Order Nisi will state the amount owing on the mortgage and will establish a time period — usually 6 months, but sometimes shorter — during which you can '''redeem''', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender will have '''conduct''' (control) of the sale.

# If you are served with a  foreclosure Petition, it is important to get legal help. If you are self-representing, you must file a '''Response''' document within 21 days of service, '''and''' and deliver it to all parties along with any '''affidavits''' (sworn written statements) telling your side of the story.

Supreme Court forms are also available online at the [http://www.courts.gov.bc.ca Courts of BC website]. Click on Supreme Court, then Practice and Procedures, then Act, Rules and Forms. For information on what should go into an affidavit, see the publication [http://www.clicklaw.bc.ca/resource/1037 “Can’t Pay Your Mortgage? What you can do if you’re facing foreclosure”].