Power of Sale
in London.

Power of sale is the legal mechanism Ontario lenders use when a borrower defaults on their mortgage. Unlike foreclosure – which transfers ownership directly to the lender – power of sale allows the lender to sell your London home on your behalf, recover what they are owed, and return any remaining proceeds to you. You do not automatically lose every dollar of equity you have accumulated.

For London homeowners who bought in Byron or Old North years ago, the equity cushion can reach into the hundreds of thousands. Under power of sale, the lender's goal is recovering their balance plus costs – not maximizing sale price. The lender is legally required to act in good faith, but good faith and best effort are not the same thing. That gap represents money that could evaporate without strategic action.

Default triggers include missing payments, failing to pay property taxes, letting insurance lapse, or violating other mortgage terms. Once default occurs, the lender follows a process governed by Ontario's Mortgages Act, and the clock starts ticking.

Understanding the timeline is critical because every stage narrows your options. Ontario law builds in checkpoints that give homeowners opportunities to act, but those windows close faster than most people expect.

After you miss a payment, your lender sends reminders and late notices. If payments remain outstanding for approximately 15 days, the lender can issue a formal Notice of Sale under Section 32 of the Mortgages Act, served by personal service or registered mail.

Once you receive the Notice of Sale, you have 35 days to redeem the mortgage – bringing everything current including missed payments, penalties, legal costs, and interest. If you arrange this within 35 days, the power of sale stops entirely. If not, the lender gains the right to list and sell your property.

The entire arc from first default to completed sale rarely takes less than four months, and in practice it often stretches longer – but that does not mean you should wait. Every week of delay adds legal fees, penalty interest, and compounding costs that reduce the equity available to you. London's current buyer's market conditions, with elevated inventory levels and longer average selling times, can further complicate matters because lenders may accept lower offers to move properties quickly.

In London, where the average home price sits around $625,000, many long-term homeowners hold significant equity. Consider a homeowner in Masonville who purchased a detached home eight years ago for $420,000. With a remaining balance around $290,000 and a current value of $680,000, that is roughly $390,000 in equity. Under power of sale, the lender's recovery costs – arrears, penalties, legal fees, and commissions – can total $30,000 to $50,000. If the lender sells below market value to close quickly, the homeowner could lose an additional $40,000 to $60,000 compared to selling independently.

The math tightens for recent buyers. Someone who purchased a townhome for $520,000 near the 2022 peak may find it appraised closer to $485,000 today. With a high-ratio mortgage, power of sale costs consume most of what remains.

Protecting even a portion of that equity – whether through refinancing, selling voluntarily, or negotiating with the lender – is almost always better than allowing the process to run unchecked.

Power of sale is a process, not an event. Until the lender completes the sale and transfers title, you have options. The earlier you act, the more options remain available and the less expensive each becomes.

Refinancing is the most common path London homeowners take to stop power of sale. The process involves securing a new mortgage – typically from a B lender or private lender – that pays out the existing lender in full.

The key requirement is equity. Most private lenders advance up to 75 to 80 percent of your property's appraised value. If you owe $350,000 on a London home appraised at $550,000, a private lender could advance up to approximately $440,000 – more than enough to cover your existing balance, arrears, penalties, and the new lender's fees.

Speed matters. A skilled mortgage broker can arrange private financing in as little as five to ten business days – well within the 35-day redemption window. At Canadian Mortgage Services, we maintain relationships with private lenders who understand the urgency of power of sale situations and can fund quickly when the equity supports the deal.

The exit strategy is equally important. A private mortgage is a bridge, not a destination. During the one-year term, you restore your payment history, improve your credit, and stabilize your income. At renewal, you transition to a B lender at lower rates, and eventually back to an A lender. Your broker maps this path before the private mortgage funds.

Not every power of sale situation should be fought. If the underlying reason for default is structural – your income has permanently decreased, or you are carrying so much debt that even a refinanced mortgage would leave you stretched – then fighting to keep the home may only delay a more painful outcome.

London's market dynamics also matter. With prices having pulled back from 2022 peaks, some homeowners may find their equity cushion thinner than expected. If an appraisal reveals your home's value does not support the refinancing you need, selling becomes the practical choice. In sought-after neighbourhoods like Old North, Wortley Village, or Byron, demand remains relatively stable even in a buyer's market.

A voluntary sale also positions you better for the future. With the mortgage paid out cleanly and no power of sale on your record, you can begin rebuilding immediately. Many London homeowners who sell proactively re-enter the market within two to three years at a more affordable price point.

Your broker can model both scenarios: the cost of refinancing privately versus the net proceeds from selling. Reach out to our financial counselling team for a confidential assessment of where you stand.