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“Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors”

Scott McGrath of Weir Foulds notes a case that is of importance to all mortgage lenders:

“The recent decision of the Court of Appeal for Ontario in Winters v Hunking, 2017 ONCA 909 provides an example of the court acknowledging that the mortgagor may have been within its strict legal rights to seek foreclosure on the appellant’s home, but finding that “special circumstances” made such a foreclosure unjust in the circumstances.”

“The decision serves as a reminder to lenders, commercial and otherwise, that a foreclosure order is not a guarantee on default. Courts may weigh the relative equities and prejudices to the parties, and a sympathetic mortgagor may convince a court to refuse to grant a foreclosure order, a decision that can carry with it significant costs – legal, financial and temporal – that lenders would prefer to avoid.”

 

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