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23 Feb

Foreclosure Not Automatic on Default

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Posted by: Livian Smith

DLC BLOG

Foreclosure Not Automatic on Default
Foreclosure Not Automatic on DefaultAccording to a recent case tried in the Court of Appeal for Ontario, Winters v Hunking, 2017 ONCA 909 as summarized by Scott McGrath of WeirFoulds LLP, Foreclosure is not automatic on default.

In an interesting article posted December 8, 2017 in Mondaq, Scott McGrath reminds us that the Court may have acknowledged the Lender was within their rights to commence foreclosure proceedings, but special circumstances “made such a foreclosure unjust in the circumstances”.

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