Here are some frequently asked questions about what happens during a proposal. Keep in mind that these answers are specific to the consumer proposal process although many answers would apply in a bankruptcy as well.
If you haven’t yet gathered enough information yet to make an informed decision about how to get moving forward we encourage to reach out to us for an initial chat about your situation. You can contact us at 587-269-3009 or here.
Banking: Don’t bank where you owe
Sometimes people ask, can I take money out of my bank account on the date of the proposal and then just put it back in later? You can do that but our experience is that that while technically your bank cannot legally take any funds from you after you have filed a proposal it doesn’t stop them from trying sometimes. If they do take funds from your bank account you would be without these funds, and without credit, until you are able to work it out with the bank. This creates a lot of avoidable stress so we do recommend that instead you change your bank to avoid this hassle.
This process will happen even if you are in a consumer proposal because this process is required for the bank to have the property transferred to their name, so they can sell it and pay down the mortgage that is outstanding.
Foreclosure: Statement of Claim
This document will say “you are being sued” which can be unsettling. This is part of the foreclosure process but this does not necessarily mean that you will have to pay the outstanding amount of the mortgage. What will determine your obligation is whether you have reaffirmed the debt – please read this section for more information.
You can consent to future documents being delivered to you by email which helps everyone involved and reduces the costs of the foreclosure.
Foreclosure: Do I need to go to Court?
If you do not dispute anything then no Court appearance on your part is required, unless you choose to go. If you continue to reside in the property and require time to get out of the property it may be advisable to attend court and request the time needed, for you to get moved out, from the Court.
Foreclosure: Additional documents
Affidavits of Default, Notice of Applications and Orders will be documents that you will receive after the Statement of Claim. Always review the Orders and the Affidavits as they will keep you up to date on what the lawyer is requesting in his next Court appearance.
The final order from the court will be either an Order for Foreclosure or Order for Sale to Plaintiff. That is when the property will be transferred into the bank’s name. Once the property is sold a further Order may be sent that appears to be a Judgment against you. This will usually represent the shortfall funds (difference between what was owing on the mortgage and what the bank received by way of net proceeds). If you have entered into a proposal and did not make any Mortgage payments or reaffirm the mortgage after the date of your proposal, this amount will be included in your proposal and the bank will prove their claim to the Trustee. If any payment was made against the mortgage after your proposal date, either by yourself or someone else, accidentally or intentionally, the Judgment amount is not included in the proposal.