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Power of sale

Selling in Ontario · Power of sale

Sell Your House Before a Power of Sale in Ontario

When you fall behind on an Ontario mortgage, the lender can force a sale through power of sale. If that happens, the home is usually sold quickly and often below market value, and you receive only what is left after the arrears, penalties, and legal fees are paid. Selling the property yourself before the lender takes over keeps you in control of the price and the timeline, and it usually leaves you with more of your equity.

No commissions or fees

Written offer in 24–48 hours

Close in 7 days to 6 months

Suburban stone-and-brick home with a double garage on a quiet street

Ontario at a glance

15 days

In default before a lender can serve a Notice of Sale

Mortgages Act, R.S.O. 1990, s. 32

35 days

Minimum between the Notice of Sale and the sale itself

Mortgages Act, R.S.O. 1990, s. 32

5.2 months

Of inventory in Ontario, against a 3.1-month long-term average for the season

CREA / Ontario Real Estate Association, August 2026

How it works

01

Move early

The sooner you act, the more options you have. Ideally you sell before a Notice of Sale is issued, but a sale can still work after one is served if there is time to close.

02

Fast written offer

We review the property and put a firm number in writing, usually within 24 to 48 hours. We know these situations are time-sensitive.

03

We work with your lawyer and lender

Your lawyer discharges the mortgage from the sale proceeds. We coordinate on the payout figure and the closing date so the deal completes before the lender’s deadline.

04

You keep the remaining equity

After the mortgage, arrears, and costs are paid, whatever is left is yours. A private sale you control almost always leaves more than a lender-run sale.

Homeowner reading a letter from the lender at the kitchen table

How power of sale works in Ontario

A lender starts power of sale by serving a Notice of Sale under the Mortgages Act, usually after you are about 15 days in default. Once it is served, you have a redemption period, commonly 35 days, to pay everything owed: the arrears, the lender’s legal costs, and in some cases the full balance. If you cannot redeem, the lender can sell the property. They must try to get fair market value and account to you for any surplus, but in practice these sales are quick and the surplus is smaller than an owner-run sale would produce. Selling before the redemption period ends, or before the notice is even served, gives you a much better result.

This page is general information, not legal advice. If you have received a Notice of Sale or any legal document from your lender, speak to a lawyer right away. Timelines are short and missing a deadline has serious consequences.

Listing instead? On the average Ontario home, a realtor costs about $35,655.

Commission at 4% plus 13% HST. See the number for your home’s price.

What would a realtor cost me?

Questions people ask

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Selling a House Before Power of Sale in Ontario | Private Deals