civil law

[debb69]

I'm in Canada, got a call from a civil bailiff said that my house is for sale because of a judgment. can they take something thats worth a lot more to get there 30K

[Eve.]

This is mainly a UK site.

Someone may be able to help but you may get a quicker and fuller answer on a canadian site.

If they debtor has a power of sale, say given in a secured loan agreement or court order, then I'd say yes.

[sandmaster]

Hi debb. I'm in the UK but in the UK, and the USA, if you have mortgaged the property and you fail to meet the repayments the lender is entitled to apply to the courts for possession. Canadian law follows ours closely so I would think that yes, they can.Make an appointment to meet your lender asap. In the UK the lender would apply for possession, sell the property for 'market price' (which is basically the best price they can get now), use the proceeds to repay the debt and give you the remainder (if any). In the USA I believe they can foreclose, which means taking ownership of the property. If they then sell at a value higher than the dbt they can keep the excess.

[sandmaster]

Hi Debb

I've just read your 1st message. If the lender has applied for a lien and you have not signed mortgage papers, in the UK the lender would be granted a charging order following a successful application to the court. This gives an interest in the property only. The lender would be entitled to repayment of the debt following the sale of the property, but would not be able to enforce a sale of the property. But of course, interest may be accumulating. The best thing is to agree a repayment programme and interest rate - that is if you agree the debt is outstanding.