Power of Sale in Ontario: Move First, Recover Fast, Stay in Control

Posted by: John V. Sestito and Matthew D. Presta

Here’s how it happens.

The phone stops ringing.
The payments start drifting.
The excuses shift from “just a delay” to complete silence.

You didn’t lend to chase people.
You didn’t secure your loan to sit in limbo.

You backed a deal.

Now it’s time to back your security.

And when it comes to enforcement in Ontario, nothing moves faster—or hits cleaner—than power of sale.

The Lender’s Edge: Speed and Control

We don’t romanticize recovery.

If you’re here, something has already gone wrong. But Power of Sale is designed to give mortgage lenders in Ontario a fast, structured way to recover—and stay in control.

While borrowers may seek relief or raise defences through the courts, clear-cut cases tend to move forward with minimal disruption.

• No drawn-out litigation.
• No full-scale courtroom war.
• Just focused execution—when done right.

Why Power of Sale Still Leads the Pack

It’s simple—but not simplistic.

When deployed with precision, power of sale may enable secured lenders to:

• Liquidate fast while the asset still holds value
• Pre-empt borrower gamesmanship or delay tactics
• Minimize loss and avoid full-blown litigation
• Stay ahead of junior creditors or potential lien claimants
• Preserve relationships with third-party stakeholders by controlling the optics

And best of all—it gets you to the finish line without tying up the file in red tape.

Our Framework: Focused. Tactical. Proven.

At Bianchi Presta LLP, we don’t just “handle” mortgage enforcement.

We quarterback the process for commercial lenders, private investors, and capital partners across Ontario.

We start with the big picture—your loan position, borrower behaviour, market conditions, and time sensitivity. Then we:

• Build a custom enforcement roadmap
• Assemble a precision team of brokers, appraisers, and recovery professionals
• Move the file forward with urgency and discipline
• Keep you out of the weeds and focused on outcomes

You’re not paying for process.

You’re paying for results!

What You Should Be Thinking About

We’re not giving advice—but here’s what savvy lenders are weighing when power of sale is on the table:

• Is the borrower communicative—or evasive?
• Does the property still carry real market value?
• Are you seeing other creditors move in?
• Is delay helping—or eroding your position?
• Would controlling the sale process protect your reputation or your ROI?

Every day you wait is a day your equity bleeds.

The market doesn’t pause for indecision.

The Clock Is Always Ticking

Power of sale isn't about being aggressive—it's about being effective. It’s not personal. It’s not emotional. It’s tactical.

And in a volatile economy, it’s often the cleanest route to closure.

Let’s be honest: you’ve already spent enough time hoping things would self-correct.

• Hope is not a recovery plan.

Call Bianchi Presta LLP

We’re not in the business of managing files.
We’re in the business of recovering capital.

You put up the money. You took the risk.

Now let our team execute the mortgage enforcement play.

Power of sale. Done right. No hesitation.

Mortgage enforcement isn’t one-size-fits-all. For insight specific to your borrower, security, and exposure, contact Bianchi Presta LLP to book a confidential consultation.

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Disclaimer:
This article is provided for informational purposes only and does not constitute legal advice. The information presented is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act or rely on the content without seeking professional legal advice specific to their circumstances. Bianchi Presta LLP does not guarantee the accuracy, completeness, or currency of the information, and we disclaim any and all liability in respect to actions taken or not taken based on any or all of the contents of this site. For personalized advice, please consult a qualified lawyer.