WHAT IS A PRIOR NOTICE OF EXERCISE?
A creditor who intends to exercise a hypothecary right shall file a prior notice to exercise, also known as 60-day notice, at the Land Registry Office. This prior notice to exercise must report any failure of the debtor to perform its obligations and recall the right of the debtor or a third party, to remedy the default. In the prior notice to exercise, your creditor requests you to correct the defaults (e.g. arrears in payments, unpaid city taxes etc.) otherwise you are called upon by the Creditor to surrender your property within a delay of sixty (60) days reckoned from the date of the publication of the present notice at the Land Registry Office in order that the Creditor may take the property in payment or sell it in justice. In 2013, in Quebec alone, more than 10,000 prior notices to exercise were served by banks.
If you have received a prior notice of exercise, you are not alone. Let us help you — call a representative at 1 (877) 220-7738.
What will happen if no action is taken?
The creditor will obtain a judgment allowing him to repossess the property and proceed to evict the occupants.
How can I remedy to this situation?
To remedy the situation, you will have to pay the arrears and/or make good any other defaults mentioned in the prior notice of exercise or repay the entire amount due to the creditor. All prior notices to exercise are unique and need to be reviewed by a professional. Contact us for a free consultation at 1 (877) 220-7738. In under 10 minutes, we will be able to determine if you qualify for a mortgage loan with us