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mortgage remedies

The lawyers providing our foreclosure legal services advise banks, trust companies, life insurance companies and other lenders in all relevant matters, including powers of sale, foreclosure, possession and receiverships. McMillan can manage all default portfolio management needs, including property sales and management and mortgage insurance claims. We have successfully provided mortgage default administrative services to one of Canada's largest banks and have a long history serving other lenders with their default portfolio needs. For example, we acted for the court-appointed receiver of a large commercial real estate company on the sale of certain key shopping malls for aggregate consideration in excess of C$300 million. In such matters we can obtain court orders for the conduct of sale, list the property, negotiate the sale and process mortgage insurance claims.

In addition to foreclosure, McMillan is experienced at all aspects of mortgage enforcement, including collections and recoveries, enforcement of security, appointment of private and court-designated receivers, and buying and selling of creditors' claims. An important element of our work for secured creditors is the flexibility our lawyers bring to their collateral recovery strategies. We work with banks that become lenders to the debtor-in-possession, secure return of assets using deed in lieu of foreclosure transactions, and develop individualized approaches to workouts or asset recovery and resale.




Publications / Presentations
July 2012
post closing rescission rights under REDMA – when closing does not necessarily mean closed
real estate bulletin
November 2011
special relationships may not be so special
litigation bulletin