Notice of sale

Read the dates as questions.

A notice of exercising a power of sale is the lender’s statement that it intends to sell. Put the paper in front of a lawyer. Do not invent the number of days you “really” have.

The floors, not a personal countdown

For a contractual power, section 32 says notice waits until default has continued at least 15 days, and the sale waits at least 35 days after notice. Section 37 preserves a longer mortgage period. A judge can, in defined cases, permit different notice or none.

A statutory power under sections 24 to 26 is a different pattern: three months in the payment case, and 45 days’ notice. Most standard residential mortgages use the contractual route. A lawyer confirms which one you are holding.

The clock may not start when you opened the envelope

If notice is sent by registered mail in Ontario, the Act can treat it as given on the day it was mailed. That is a reason to take the notice, and the envelope, to a lawyer promptly.

The notice does not mean the house has already been sold. It does not freeze the lender because you booked a salesperson. And it does not, without the payout statement, tell you what it would cost to pay the debt.

If a sale in your name is still open, the practical work is on selling during a power of sale.

A listing does not stop a lender’s enforcement. Paying what is overdue does not always put a mortgage back in good standing. An Ontario lawyer confirms notice deadlines, the payout, and whether a lender has already signed an agreement. This page is general information, not legal or financial advice.