New Brunswick uses a power of sale process under the Property Act. The typical foreclosure timeline is 4-8 months, and homeowners have options to stop the process before losing their home.
In New Brunswick, foreclosure is handled through a Power of Sale process governed by the Property Act. Unlike judicial foreclosure provinces, the lender can sell your property without obtaining a court order — provided they follow the notice requirements set out in the Act. However, the process still includes mandatory notice periods that give homeowners time to act.
The New Brunswick foreclosure process begins when your lender issues a Notice of Sale after you default on your mortgage. The lender must follow strict procedural requirements under the Property Act, including proper notice periods and sale procedures. Failure to follow these requirements can give you grounds to challenge the sale.
After missed mortgage payments, your lender sends a demand letter requiring you to bring the mortgage current. This is a collections stage — no formal power of sale proceedings yet. This is the best time to act and avoid foreclosure in New Brunswick entirely.
If the demand is not met, the lender issues a Notice of Sale under the Property Act. You are served with this notice and given a specified period to pay the full amount owing. This notice triggers your right to cure the default and stop the power of sale process.
After the mandatory notice period expires, the lender has the right to proceed with the sale. During the notice period, you still have the opportunity to pay the arrears, refinance, or sell the property privately to avoid a forced sale in New Brunswick.
The lender lists the property for sale, typically through a real estate agent. The sale must be conducted in a commercially reasonable manner to obtain fair market value. In Moncton, Saint John, Fredericton, and other New Brunswick markets, the lender must make genuine efforts to market the property.
Once a buyer is found and the sale closes, proceeds pay the mortgage debt and legal costs first — any surplus goes to the homeowner. If there is a shortfall, the lender may pursue a deficiency judgment against you for the remaining balance.
During the notice period, you can pay all amounts owing — mortgage arrears, interest, and costs — to stop the power of sale process. Once you cure the default, the lender must discontinue the proceedings.
You can sell your property on your own terms at any point before the power of sale is completed. A private sale in Moncton, Saint John, or Fredericton almost always gets a better price than a forced sale.
The lender must follow the exact notice requirements under the Property Act. If the lender fails to give proper notice or follow the required procedures, you may have grounds to challenge the sale in court.
In a power of sale, any proceeds above what you owe belong to you. The lender cannot keep your equity — this is a critical protection for New Brunswick homeowners facing foreclosure.
During the notice period, pay all arrears plus interest and costs to stop the power of sale process immediately. This is your strongest right under New Brunswick's Property Act.
A private lender can refinance based on your home's equity — not your credit score. This pays off the existing mortgage and stops the power of sale proceedings in New Brunswick.
List and sell your home privately before the lender completes the power of sale. You control the process, get a better price, and protect your credit from the full impact of foreclosure in New Brunswick.
Lenders often prefer to negotiate rather than go through the power of sale process. A loan modification or repayment plan can stop foreclosure proceedings in New Brunswick.
We help homeowners facing foreclosure in cities across New Brunswick. Select your city for local information.
We understand New Brunswick's power of sale process inside and out. Free, confidential assessment — no obligation.
Common questions about the foreclosure process and your options.
New Brunswick's power of sale process typically takes 4 to 8 months from the time the lender issues a Notice of Sale under the Property Act. The timeline includes a mandatory notice period during which you can cure the default, followed by the listing and sale of the property. How quickly a sale closes can vary across New Brunswick markets like Moncton, Fredericton, and Saint John.
Yes. During the mandatory notice period after the Notice of Sale is issued, you can cure the default by paying all arrears, interest, and costs — stopping the power of sale immediately. You can also list and sell privately or arrange refinancing at any point before the sale closes. If the lender has failed to follow the required notice procedures under the Property Act, you may also have grounds to challenge the proceedings in court.
Yes. New Brunswick uses a power of sale process under the Property Act. The lender can sell your property without a full court order — provided they follow mandatory notice requirements and conduct the sale in a commercially reasonable manner to achieve fair market value. This is faster than judicial foreclosure provinces. Any proceeds above what you owe must be returned to you; the lender is not entitled to keep your equity.
Yes. You can list and sell privately at any point before the lender completes the power of sale. A private sale in Moncton, Saint John, or Fredericton will typically achieve a better price than a lender-forced sale and allows you to retain any equity above the mortgage balance. Acting during the mandatory notice period gives you the maximum window to arrange and close a private transaction.
Under New Brunswick's Property Act, the lender must issue a Notice of Sale and observe a mandatory notice period before proceeding with any sale — during which you have the right to pay all amounts owing and stop the process. The exact length is governed by the Act and the terms of your mortgage. As soon as you receive notice, contact a mortgage professional or advisor immediately; that period is your primary window.