Mortgage disputes often arise when a borrower fails to meet payment obligations or when lenders take steps to enforce their security interests. These disputes can involve complex financial, contractual, and procedural considerations. At Nihang Law, we represent both lenders and borrowers in all aspects of mortgage litigation, including enforcement, foreclosure, power of sale, and priority disputes.
Whether you are seeking to enforce a mortgage or defend against wrongful enforcement actions, our team offers clear, strategic guidance and competent legal representation through every stage of the dispute.
What Is Mortgage Litigation?
Mortgage litigation refers to legal proceedings involving disputes between mortgage lenders and borrowers, or among multiple parties claiming interests in the same property. These disputes often involve default on mortgage payments, disputes over the validity or priority of charges, enforcement proceedings under power of sale or foreclosure, allegations of mortgage fraud, misrepresentation, or predatory lending, or breach of mortgage agreements or contractual terms.
In Ontario, most lenders rely on power of sale—a process that allows them to sell the property without a court order after default, provided proper notice is given. However, in more complex or contested situations—such as disputes over title, validity of the debt, or competing claims from other creditors—a judicial foreclosure or other court-supervised remedy may be necessary to resolve the issues and enforce the mortgage.
At Nihang Law, we assist with all stages of the mortgage litigation process from initial demands and negotiations to litigation, enforcement, and resolution.
Comprehensive Services for Mortgage and Charge Litigation
Our litigation team advises and represents clients in a wide range of mortgage-related matters, including:
Mortgage Enforcement for Lenders
We represent institutional lenders, private mortgagees, and trust companies seeking to recover unpaid mortgage debt through:
- Power of sale proceedings
- Foreclosure actions
- Possession orders
- Writs of execution and garnishment
- Judicial sales or court-ordered sales
Defending Against Enforcement Actions
We also assist borrowers facing aggressive or improper enforcement. This includes:
- Challenging power of sale proceedings
- Asserting equitable redemption rights
- Alleging unconscionable or predatory lending
- Negotiating repayment or refinancing arrangements
- Restraining unlawful or premature sales
Priority and Title Disputes
Our team handles disputes between lenders, lienholders, and other charge holders regarding the priority of interests on title. We assist with court applications to resolve disputes over the registration, discharge, or subordination of mortgages and related encumbrances.
Disputes Involving Private Mortgages
Private lending arrangements often lack the procedural safeguards of institutional loans. We assist in enforcing or defending private mortgage claims, including disputes over documentation, interest rates, and repayment obligations.
Fraud, Forgery, and Misrepresentation Claims
From false documents, identity theft, or forged signatures, mortgage fraud can take many forms. We represent clients involved in claims of mortgage fraud, acting for both victims and accused parties.
Discharge of Mortgage and Delay in Removal
We help borrowers bring court applications to compel lenders to discharge paid mortgages where there is unjustified delay.
Nihang Law’s Approach to Mortgage Litigation
Mortgage and charge disputes often involve urgent timelines, valuable assets, and emotionally charged circumstances, especially where the property in question is a home or major business asset. At Nihang Law, we bring technical knowledge and practical strategy to every file.
- Comprehensive Legal Strategy: We begin with a full review of the mortgage documents, payment history, title search, and the parties’ legal positions. This allows us to develop a clear roadmap based on your situation, whether enforcement or defence.
- Proactive Negotiation Where Appropriate: In many cases, early negotiation or mediated settlement can avoid costly litigation or irreversible actions like power of sale. We help clients explore all viable options before proceeding to court.
- Experienced Courtroom Advocacy: If litigation becomes necessary, we are ready to act swiftly and strategically. We prepare all required court materials, represent clients in urgent motions (such as injunctions or possession orders), and advocate vigorously at every stage.
Why Choose Nihang Law
Mortgage litigation requires a sharp understanding of real estate, contract, and enforcement law. At Nihang Law, we have substantial experience in dealing with these kinds of matters. Our knowledge of Ontario’s mortgage enforcement frameworks and experience in representing both lenders and borrowers allows us to anticipate the tactics of opposing counsel and craft persuasive and legally sound arguments. Our team has had success in handling complex and contested mortgage litigation thanks to our fast and effective responses to urgent enforcement actions.
Mortgage-related claims are subject to strict and varying limitation periods. For example, most enforcement or fraud-related claims are governed by a two-year limitation period, while some actions related to title or mortgage discharge may be subject to longer timelines. Prompt legal advice is critical to preserving your rights.
If you are involved in a mortgage dispute—whether you are seeking payment, defending against power of sale proceedings in Ontario, or dealing with a title or priority issue—contact Nihang Law today. Our mortgage dispute lawyers are ready to protect your rights, your property, and your financial future.