What Happens If You Default on Your Mortgage in Canada 2025

Missing payments is serious — here's exactly what happens and what you can do.

Most Canadian homeowners will never face mortgage default, but financial hardship can strike anyone. Understanding the default process — and your rights — is crucial if you ever fall behind on payments.

The Mortgage Default Timeline

Day 1 — Missed Payment

Your lender notes the missed payment. Many lenders charge a late payment fee (typically $20–$50). Interest continues to accrue. Your credit bureau file may be updated after 30 days.

15–30 Days — Lender Contact

Your lender will typically reach out by phone, mail, or email. This is the time to respond and explain your situation. Most lenders have hardship programs and prefer to work with you rather than begin legal proceedings.

30–90 Days — Demand Letter

If payments remain missed, the lender will send a formal demand letter requesting immediate payment of arrears plus fees. Your credit score begins to be impacted. Legal processes may be initiated if no resolution is reached.

90–180 Days — Legal Process Begins

In most provinces, the lender begins formal legal proceedings to take possession of the property. In Ontario and most common law provinces, this is typically a Power of Sale proceeding. In Quebec, it's called a Forced Sale (Délaissement).

6–18 Months — Property Sale

Depending on the province and court backlogs, the lender may take possession of and sell the property. Proceeds go to pay the mortgage balance, legal fees, and costs. Any surplus goes to the homeowner.

Power of Sale vs. Foreclosure

Canada uses two main legal remedies for mortgage default, depending on province:

Power of Sale (most common in Ontario and Eastern Canada)

Foreclosure (more common in Western Canada)

What About CMHC Insurance?

If your mortgage was insured (CMHC, Sagen, or Canada Guaranty), the insurance pays the lender when you default — not you. However, CMHC then has the right to sue you for the shortfall. The insurance protects the lender, not the borrower. You remain legally liable for any deficiency after the property is sold.

Important: CMHC has pursued borrowers for deficiency amounts after power of sale — particularly when property values dropped. Don't assume that losing your home ends the financial obligation.

How to Avoid Mortgage Default

The earlier you act, the more options you have:

Contact Your Lender Immediately

Most lenders have mortgage deferral or modification programs for borrowers facing temporary hardship. During COVID-19, major banks allowed 6-month payment deferrals. Similar programs may be available during personal hardship. Lenders generally prefer to work with you rather than go through costly legal proceedings.

Refinance or Switch Lenders

If your rate is the problem, refinancing at a lower rate can reduce your payments. Even moving to a B lender with a longer amortization may make payments manageable.

Sell Before Forced Sale

A voluntary sale almost always produces better results than a power of sale. You control the timing, the listing agent, and the price. A forced sale typically nets significantly less than market value.

Access Home Equity

If you have equity, a HELOC or refinance can provide cash to service the mortgage while you get back on your feet.

If you're struggling: Contact a not-for-profit credit counsellor (look for AFCC-accredited counsellors in Canada) before things get worse. Free counselling is available and can help you understand all your options before making decisions.

Impact on Your Credit Score

Mortgage arrears are reported to the credit bureaus. The damage compounds with each missed payment:

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