Hypothecary remedies

Lenders, whether they are individuals, corporations or financial institutions, are entitled to certain remedies under the Civil Code of Quebec when debtors do not observe the conditions stated in their mortgage agreements.

Four hypothecary/mortgage remedies are available to the creditor against a debtor in default:

- Taking possession of the hypothecated/mortgaged property for administrative purposes;

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- Taking in payment;

- The sale by the creditor;

- The sale by judicial authority.

The creditor shall, before exercising his right, give and register a prior notice of exercise of this hypothecary/mortgage right.