OntarioMortgageTools
Home › Power of Sale Reinstatement Calculator

Power of sale calculator: reinstate or pay out your mortgage

Behind on your mortgage in Ontario? See what it costs to bring the mortgage back into good standing compared with paying it out, and the earliest dates under the Mortgages Act.

$
%
$
$
$
$
Leave the notice date blank if you haven't received one; the earliest possible dates are shown instead.
$
Estimate it with the penalty calculator.
$
To reinstate the mortgage
—
Missed payments
—
Interest on arrears
—
NSF / late fees
—
Lender advances
—
Legal costs
—
To pay out in full
—
Mortgages Act timeline

Estimate only. Legal costs a lender can charge on a notice of sale are limited by regulation, and every charge must be supported by your mortgage terms. Ask the lender for a written reinstatement statement and a payout statement, and get legal advice.

Power of sale in Ontario: reinstate or pay out?

Most Ontario lenders enforce a defaulted mortgage by power of sale under Part III of the Mortgages Act, rather than by foreclosure. The Act sets minimum waiting periods before a lender can sell:

  • 15 days of default before a notice of sale can be given (s. 32).
  • 35 days after the notice before the property can be sold (s. 31).

Your mortgage terms can set longer periods, and many lenders take months to list and sell. The statutory minimum is still the date to plan around.

Reinstating the mortgage

Section 22 of the Act lets a borrower put the mortgage back in good standing by paying the arrears and the lender's permitted costs, even if the lender has demanded the full balance. While the notice period runs, section 42 generally stops the lender from taking further enforcement steps. Reinstating is usually far cheaper than a full payout, because it avoids the prepayment charge and the need to refinance.

What the lender can add

Interest on missed payments is charged at the contract rate. The federal Interest Act (s. 8) bars penalty rates on arrears that exceed the rate on money not in arrears. Fees such as NSF charges, property taxes the lender paid, and legal costs must be allowed by the mortgage. The legal costs of a notice of sale are capped by regulation.

Frequently asked questions

How long does a lender have to wait before selling in Ontario?

The Mortgages Act requires at least 15 days of default before a notice of sale, then at least 35 days after the notice before a sale. Your mortgage may set longer periods.

Can I stop a power of sale by paying the arrears?

Generally yes. Section 22 of the Mortgages Act lets a borrower put the mortgage back in good standing by paying the arrears and permitted costs. Get a written reinstatement statement from the lender.

Can the lender charge a higher interest rate on missed payments?

No. Section 8 of the federal Interest Act bars a higher rate or penalty on arrears than the rate charged on money not in arrears.